What Immigrants from India & China Should Expect from U.S. Law
Speak to our immigration lawyer in Utah to find out more about H.R. 392 and other new immigration bills that could be signed into law by the Trump administration.
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What Immigrants from India and China Should Expect from U.S. Immigration Law in 2019

Dec 22, 2018 Familia America Immigration

There is a new amendment to U.S. immigration legislation that could become law in 2019, and, as a result, affect millions of legal immigrants seeking a green card, employment-based status and permanent residence in the United States.

Against the backdrop of a slew of anti-immigration laws and initiative introduced by President Donald Trump and his administration in recent years, the new legislation could have irreparable and major repercussions for immigrants from all countries.

If the H.R. 392, also known as the Fairness For High-Skilled Immigrants Act of 2017, became law, it would not only hurt Americans but also immigrants seeking to work and live in the United States legally. When combined with Trump’s travel ban, which bans nationals from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen – even those with visas – from entering the U.S., the new law would negatively impact immigrants from most countries in several ways.

Just how bad the H.R. 392 is when signed into law will explain our skilled immigration lawyer Utah from Familia America.

What H.R. 392 means for Indian and Chinese immigrants

While millions of skilled workers from countries all across the globe are calling on U.S. lawmakers to oppose the new amendment to immigration legislation, some of the biggest and multi-billionaire companies such as Amazon, Microsoft and Hewlett Package, all of which heavily rely on immigrant workers, spearhead and support the legislation financially.

So what’s with all the fuss about the H.R. 392? At its core, the legislation aims to eliminate the per-country numerical limitation for employment-based immigration. Our Salt Lake City green card attorney explains that currently, each country is assigned a numerical cap of 9,800 green cards (or 7 percent of the 140,000) issued per year, regardless of the country’s population.

As you can imagine, with hundreds of thousands of immigration petitions and applications coming from China and India alone, immigrants from the world’s first and second largest country by population, respectively, have to wait for years or decades to get their application approved.

The new immigration bill in 2019 to eliminate per-country numerical caps

The legislation aims to eliminate limitations relating to place of birth. In other words, while employment-based immigrants from China and India would benefit from the new bill, it would hurt immigrants from countries with smaller populations, making it practically impossible for them to work and live in the U.S. legally.

Fact: At the moment, about 74 percent of the total of 420,000 petitions for H-1B visa are filed by Indian workers. China, meanwhile, accounts for another more than 11 percent of total petitions. Meaning that India and China account for an overwhelming majority in the number of H-1B petitions (85 percent).

“If the per-country numerical cap is eliminated, the majority of employment-based green card issued in the next decade will go to workers from India and China,” explains our green card attorney in Salt Lake City.

In other words, easing the burden on India and China means putting that burden onto the shoulders of immigrants from countries with smaller populations. This fact has U.S. lawmakers and immigration experts alike divided on H.R. 392, as empowering one group at the expense of another is hardly a reasonable or fair solution.

Speak to our immigration lawyer in Utah to find out more about H.R. 392 and other new immigration bills that could be signed into law in 2019 by the Trump administration. Contact Familia America for a free case evaluation by calling at 801-656-9605.

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