Proposal could double H-1 cap, triple Green card quota

As part of its budget reconciliation discussions, the Senate Judiciary Committee is considering a series of proposals that will make some positive changes to business immigration.  These provisions:

• allow the additional recapture of unused immigrant visa numbers

• eliminate spouses and children from the overall limit of employment-based visas

• recapture of unused H-1(b) visa numbers

• allow individuals to apply for adjustment of status even if their priority date is not “current”.

Each of these provisions includes a requisite filing fee (a more detailed description of the proposals can be found below).  Overall, the changes proposed are positive and significant. 

Action is needed immediately as the Senate will take up these measures this week!  It takes less than five minutes to help!  

Below is a list of each of the members of the Senate Judiciary Committee.  If you are in one of their areas, we request that you contact them and urge them to support the immigration relief provisions. 

How you can help:

1. You may contact them through AILA’s “wizard” advocacy program at:  http://capwiz.com/aila2/home/
2. Contact them by phone through the Congressional switchboard at 202-224-3121 .
3. Via e-mail which can be found on their individual web sites.

Arlen Specter (R-PA) Chairman

Patrick Leahy (D-VT) Ranking Member

Orrin Hatch (R-UT) 

Edward Kennedy (D-MA)

Charles Grassley (R-IA)                            

Joseph Biden (D-DE)

Mike DeWine (R-OH) 

Herbert Kohl (D-WI)

Jeff Sessions (R-AL)                                  

Dianne Feinstein (D-CA)

Lindsey Graham (R-SC)

Russ Feingold (D-WI)

John Cornyn (R-TX)    

Charles Schumer (D-NY)

Sam Brownback (R-KS)   

Richard Durbin (D-IL)

Tom Coburn (R-OK)

Jon Kyl (R-AZ)

Spouses and Children Eliminated from Visa Count

Under the proposed language, spouses and children will no longer count against the overall visa limit.  This will double the number of immigrant visa numbers available and along with the measure described below, likely eliminate retrogression.  All I-140 petitions will be subject to a supplemental fee of $500.

Recapture of Unused Immigrant Visa Numbers

The proposed language provides that the worldwide level of employment-based immigrant visas will include the sum of (1) a baseline pool of 140,000 visas; (2) the number of unused family-based immigrant visas from the previous fiscal year; and (3) the number of unused employment-based immigrant visas from all previous fiscal years (excluding visas allocated to “Schedule A” categories) or 90,000, whichever is less.  This would increase the overall numbers and serve to curb retrogression

Adjustment of Status

The proposed language allows Beneficiaries with pending I-140 immigrant visa to file an adjustment of status application even if a visa number is not immediately available.  A supplemental $500 fee will be charged.

Recapture of Unused H-1B Numbers

The proposed language allows for the recapture of unused H-1B numbers going back to the effective date of the Immigration Act of 1990 ( October 1, 1991 ).  It is estimated that there may be as many as 300,000 unused H-1B numbers available.  The recapture will be released at the rate of 60,000 per year once the annual statutory cap of 65,000 is reached.  A $500 supplemental fee will be charged.

We appreciate your assistance.  If you have any questions, contact your attorney or legal assistant/paralegal.