The United States has been a nation founded upon immigration. In the recent few decades, immigrants have grown more prevalent. This influx of immigrants is partly due to the numerous bills and legislation proposed and passed to make obtaining a VISA, or even a green card, easier for those seeking to work in the United States.
“Employment-based immigration is the process by which foreign nationals are employed,” said attorney Zaira Solano of Solano Law Firm, LLC. In the United States, several bills have been proposed in Congress over recent years that would directly affect employment-based immigration—many of which have yet to be approved.
These measures seek to modernize the current immigration system and increase the chances for immigrants to live and work in the country. Unfortunately, many of these bills have been met with fierce opposition and blocked or stalled in Congress.
The most significant attempts to reform the existing employment-based immigration system have been contained in two bills: the Immigration Innovation (I-Squared) Act of 2015 and the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744).
The I-Squared Act sought to increase the number of VISAs available for high-skilled immigrants and to ease the process of obtaining those VISAs. The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 sought to provide a pathway to citizenship for undocumented immigrants, while creating a merit-based system for awarding VISAs.
Unfortunately, both bills were met with fierce opposition in Congress and ultimately failed to pass. The I-Squared Act was blocked by Republican senators who opposed the bill’s provisions to increase the number of VISAs available for high-skilled immigrants.
Republicans opposed the sections of the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 that would have given undocumented immigrants a road to citizenship.
The America COMPETES (CHIPS) Act
The America COMPETES (CHIPS) Act was proposed in the House of Representatives in 2018. The bill was designed to provide a pathway to permanent residency for foreign nationals who have obtained a degree from an American university in science, technology, engineering, or mathematics. The bill would have allowed international students to receive permanent residency in the United States if they had completed a Master’s or Doctoral degree from an American university within the past five years.
The bill also sought to change the H-1B VISA program, a popular program for foreign workers. The bill proposed raising the salary threshold for H-1B VISA holders to make it more difficult for employers to hire foreign workers. The bill also proposed expanding the H-1B VISA program to include additional high-skilled occupations.
However, the bill failed to pass in the House. The bill received significant opposition from groups who felt it would make it too difficult for employers to hire foreign workers. Furthermore, some members of Congress thought that the bill would not adequately address the issue of illegal immigration.
Budget Reconciliation
In December 2015, Congress passed a budget reconciliation bill, which contained provisions to increase the number of H-1B VISAs available for qualified immigrants from 65,000 to 115,000. It also contained provisions to provide a pathway to citizenship for undocumented immigrants. The bill was seen as a way to provide relief for high-skilled immigrants who were struggling to obtain VISAs, and Democrats and Republicans supported it.
Unfortunately, the budget reconciliation bill was vetoed by President Obama in January 2016 and could not become law. The veto was seen as a setback for high-skilled immigrants and was met with disappointment from many in the immigrant community.
Other Legislation
Several other bills that sought to change the current employment-based immigration system have been introduced in Congress over recent years, in addition to the I-Squared Act, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, and the budget reconciliation bill. These bills have included the Startup VISA Act of 2012, the DREAM Act, and the Immigrant Worker Mobility Act of 2015. However, none of these bills have become law, as they have all been blocked or stalled in Congress.
The most notable of these is the Fairness for High-Skilled Immigrants Act. This bill proposed raising the per-country cap on employment-based green cards from 7% to 15%. The bill also proposed eliminating the lottery system for the H-1B VISA and increasing the salary threshold for the program.
As is the recurring theme, the Senate rejected the bill. The bill received significant opposition from groups who felt it would make it too difficult for employers to hire foreign workers. Furthermore, some members of Congress thought that the bill would not adequately address the issue of illegal immigration.
Blocking High-Skilled Immigrants
In 2021, President Biden issued an executive order that suspended certain VISAs for high-skilled immigrants. The order suspended the H-1B VISA, the L-1 VISA, the H-2B VISA, the J-1 VISA, and the E-2 VISA for 60 days. The order was intended to help protect American workers from foreign competition.
The order was met with significant opposition from groups who felt it would make it too difficult for employers to hire high-skilled foreign workers. Furthermore, some members of Congress thought that the order would not adequately address the issue of illegal immigration. The order was extended to the end of 2021.
The failure to pass bills that would reform the existing employment-based immigration system has negatively impacted high-skilled immigrants profoundly. These immigrants cannot obtain VISAs and have been forced to remain in the U.S. without legal status. As a result, many highly trained immigrants are unable to find employment and are unable to contribute to the American economy.
Conclusion
The current immigration system in the United States is complex and ever-changing. In recent years, several bills have been proposed in Congress that would directly affect employment-based immigration. Unfortunately, many of these bills have failed to pass. As a result, the current system remains essentially unchanged.
The failure of bills that would reform the existing employment-based immigration system has negatively impacted high-skilled immigrants. These immigrants cannot obtain VISAs and have been forced to remain in the U.S. without legal status.
Therefore, Congress must take action to pass legislation that would reform the existing employment-based immigration system and provide more opportunities for high-skilled immigrants to work and live in the United States. We urge Congress to take action on this issue and pass meaningful legislation benefiting high-skilled immigrants.
