United States: Fairness For High Skilled Immigrants Act Of 2011

H.R.3012 passed the House on November 29, 2011, and was read in the Senate and placed on its calendar on December 17, 2011. It is not clear when it will be debated and voted on in the Senate. There are 3 related bills in the Senate, two of which have the same bill title and were introduced by Senator Mike Lee of Utah (S.1857) and Senator Charles Schumer of New York (S.1983).

The version passed by the House amends the Immigration and Nationality Act to: (1) eliminate the per country numerical limitation for employment-based immigrants, and (2) increase the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas. It also amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual Chinese (PRC) immigrant visas to offset status adjustments under that Act.

It provides a transition period for employment-based second and third preference (EB-2 and EB-3) immigrant visas: (1) for FY2012, 15% of such visas allotted to natives of countries other than the two countries with the largest aggregate numbers of natives obtaining such visas in FY2010; (2) for FY2013, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2011; and (3) for FY2014, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2012.

The bill also contains the following "per country" distribution rules: (1) for transition period visas, no more than 25% of the total number of EB-2 and EB-3 visas for natives of a single country; and (2) for non-transition period visas, no more than 85% of EB-2 and EB-3 visas for natives of a single country.

Finally, the bill provides that the amendments made by the Act will take place as if enacted on September 30, 2011, and shall apply beginning in FY2012.

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