The H-1B visa program for foreign workers

It is no secret that the dream of millions of people around the world is to come to the US to gain work experience and, possibly, to be able to stay in the country for a long time. Adding to that, hundreds of American businesses also use certain immigration programs to hire qualified personnel from abroad, constantly fueling their socioeconomic growth.

For instance, one of the options most used by local employers is the H-1B visa program, which allows them to hire highly qualified foreign workers. By this, we refer to foreigners trained to hold positions in important sectors such as science, technology, engineering and research.

Do you need help with a Business Immigration Case? Motion Law Immigration’s team can help you, regardless of whether you are a local employer or a foreign worker.

What is the current limit on employment-based Green Cards?

H-1B visa holders also have the possibility to apply for a Green Card after a certain period of time and as long as they meet eligibility requirements, which grants Lawful Permanent Residence in the US.

However, the process for foreign workers to apply for a Green Card has become increasingly difficult over the past decades. This is mainly because the US issues a total of 140,000 employment-based Green Cards annually, but there is a 7% per-country cap, which means that each country can get a maximum of 9,800 business immigration-related Green Cards.

This is naturally a disadvantage for countries like India and China which have extremely high population density compared to, for example, Nordic countries. Therefore, many qualified foreign workers from countries with higher population growth have to wait years or even decades to apply for a Green Card, which does not allow them to easily change jobs or create their own companies without having to start another immigration process.

It is evident that following the advice of experts when starting an immigration process of any kind is extremely important. Contact Motion Law Immigration and schedule a FREE Consultation with our experienced attorneys!

EAGLE Act: The bill that would remove the limit on employment-based Green Cards

On June 2, 2021, two bipartisan members of the US House of Representatives introduced an immigration bill called the EAGLE Act (Equal Access to Green Cards for Legal Employment), which proposes to remove the per-country cap for employment-based Green Cards, streamline pending immigration processes from high-population countries, and benefit highly-skilled foreign workers that could bring huge benefits to the local economy.

This bipartisan proposal seeks to phase out the per-country limit on employment-based Green Cards over a 9-year period through certain specific transition rules. Adding to that, this Act would also increase the annual per-country cap for Green Cards based on family ties from 7% to 15%.

The Representatives openly state that the current immigration system still operates with policies and laws that were necessary for the 20th century, but which do not come close to today’s global needs. They state that “The bipartisan EAGLE Act moves our country toward a system that de-emphasizes birthplace and better serves America (…) It will allow U.S. companies to focus on hiring smart people to create products and services, which creates jobs in our districts”.

Following the regular process, this immigration bill still needs to be reviewed by the branches of Congress before it officially becomes law, which could take a considerable period of time, but dozens of advocates are hopeful about the proposal.

Follow the advice of our team during your immigration journey!

If you, a family member, or a friend need help with an immigration case, please contact Motion Law today to schedule a FREE Consultation with one of our expert immigration attorneys. Our team will be happy to guide you through your immigration journey in the US.

Please contact Motion Law Immigration today at: (202) 918-1799.