Overview: Senate Vote on the Green Card Bill (HR 1044)
The U.S. Senate failed to pass the Green Card Bill aimed at eliminating the 7% per-country cap for employment-based green cards (EB-2 and EB-3). While the U.S. House of Representatives approved it in July 2019, the Senate cited:
- Potential negative impacts on certain industries
- Requested language changes favoring the American workforce
Had the Senate voted unanimously, the bill could have bypassed committees and reached the President for final approval. The Fairness for High-Skilled Immigrants Act of 2019 (HR 1044) was still in its introductory stage, with several legislative steps remaining.
Indians, being the largest beneficiaries of this bill, remain significantly affected by green card backlogs due to the Senate’s failure to pass it.
What Is the Fairness for High-Skilled Immigrants Act (HR 1044)?
HR 1044 aimed to:
- Increase the per-country limit for family-based immigrants from 7% to 15%
- Eliminate the per-country limit for employment-based green cards
- Keep the total number of green cards unchanged
Internal links: U.S. Employment-Based Green Card · EB-2 vs EB-3 Explained
Potential Impact on Indians if HR 1044 Passed
- Approved employment-based PR cases might not receive immediate visas due to transition mechanics
- Beneficiaries under EB-2 and EB-3 could receive 29,000 and 31,000 visas in FY 2020 and FY 2021–2022, respectively
- The Act would be enacted in stages with a transition period
- By FY 2023–2024, 40,000 employment-based PR visas could be reserved for Indians in EB-2/EB-3
- Priority dates would not be prioritized after FY 2023; final approval depends on filing status, background checks, and biometrics
- EB-2 applicants could downgrade to EB-3 to potentially advance in the queue
- After FY 2024, the clubbing of EB-2 and EB-3 could help eliminate backlogs and accelerate processing for Indian applicants
Conclusion & Implications for Indian Applicants
The Fairness for High-Skilled Immigrants Act would have supported highly-skilled Indian workers contributing to the U.S. economy. Eliminating the per-country cap is a major step toward faster green card access, but with the Senate’s failure, current backlogs and processing delays remain unchanged.
Internal link: Talk to XIPHIAS
If you are seeking a U.S. Green Card via employment, contact XIPHIAS Immigration, India’s awarded immigration firm: Call: +91-9019400500 / +91-8010500200 Email: [email protected] Form: http://bit.ly/2XApTw4
How to Know More About Your Eligibility
Consult with our experts at +91-9019-400-500 or email [email protected].
FAQs
1) What does the Senate’s failure to pass HR 1044 mean? The 7% per-country cap on employment-based green cards remains unchanged, so EB-2/EB-3 backlogs for India continue.
2) Will Indians get faster processing if HR 1044 passes later? Not immediately. There would be a transition period, FY-based visa allocations, and first-come, first-serve mechanics, which may initially increase wait times for some applicants.
3) Can EB-2 applicants switch to EB-3 under the bill? Yes, downgrades from EB-2 to EB-3 may help move forward, depending on eligibility, priority dates, and USCIS processing.
4) Will priority dates matter after FY 2023? After FY 2023, priority dates would not be prioritized; final action could depend on filing status, background checks, and biometrics.
5) Where can I learn more about EB-2/EB-3 options? See our guides: Employment-Based Green Cards, EB-2 vs EB-3, or contact us for a personalized assessment.
