By Randy Johnson and Dawn Lurie

Seyfarth Synopsis: On July 10, 2019, the U.S. House of Representatives passed H.R. 1044 – the “Fairness for High-Skilled Immigrants Act of 2019,” on the Suspension Calendar[1] with a bipartisan vote of 365-65. The legislation, originally introduced by Rep. Zoe Lofgren (D-CA), would eliminate the existing “per-country cap” for employment-based immigrants while also increasing the per-country cap on family-based immigrant visas.

The current employment-based system for immigrant visas (i.e. “green cards”) is based on “per-country caps” which set a cap, or quota, per-country at 7% of the total amount of employment-based green cards issued annually by the United States.[2] As one employer-based coalition put it, “[t]his means that India and China, which account for over 40% of the world’s population are allowed the same number of visas as Greenland, a country that accounts for 0.001% of the world’s population.”  For more information on the operation of the per-country caps, see the Congressional Research Service’s December 2018 analysis here.


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Trivia: On May 10, 1877, U.S. President Rutherford B. Hayes had which common piece of technology first installed into the White House?


Where are we this month?

Advancements

Employment

  • Chinese nationals advance approximately one month in the EB-2 and Other Workers categories while Indian nationals see a slightly more significant advancement of 3 months in both the EB-3 and Other Workers categories.
  • Mexican nationals advanced nearly 11 weeks in the EB-4 category.
  • Of particular importance, filing dates for Certain Religious Workers are current for all nationals excluding Mexican, El Salvadorian, Guatemalan, and Honduran nationals while the 5th Non-Regional and Regional Center categories are current for all individuals except Chinese and Vietnamese nationals


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Trivia: Each year, March and which other month end on the same day of the week?

Where are we this month?

Advancements

     Employment

  • Chinese nationals experienced some advances with 9+ weeks in the EB-2 category and 8+ weeks in the EB-3 category.

While the EB-5 category for Regional Center filings is now available for Chinese nationals with a priority date of July 22, 2014, it remains unavailable for all other nationals.  Non-Regional Center filings are current for all with the exception of Chinese nationals where we see a July 22, 2014 priority date.

  • Indian nationals also advance modestly moving forward by 1 week in the EB-2 category and 4 weeks in the EB-3 category.
  • Philippine nationals continue to be current in the EB-2 category with an 8 week advancement in the EB-3 category
  • Of particular importance, filing dates for certain religious workers are now current with a slight backlog for Mexican, El Salvadorian, Guatemalan, and Honduran nationals.

Family

  • For family-based sponsorship, Philippine nationals advance 10+ weeks while all other nationals advance approximately 1+ week in the F-1 category.
  • In all other family-based categories, we continue to see similar modest advancements, with the exclusion of the F-3 classification for Mexican nationals, which is not subject to any changes on this month’s bulletin.


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Trivia: Who was the only U.S. President to serve in two nonconsecutive terms?

Where are we this month?

Advancements

  • Chinese nationals experienced some advances with 7+ weeks in the EB-2 category and 22 weeks in the EB-3 category.

Of note is the EB-5 category for Regional Center filings remains unavailable and for direct investment there is no movement in the Final Action Dates; and moving backward 4 weeks to September 1, 2014 for Date of Filing Application cut off.

  • Indian nationals also advance modestly with 2 weeks in the EB-2 category and 4 weeks in EB-3.
  • Philippine nationals continue to be current in the EB-2 category with a 2 week advancement in the EB-3 category


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