Update from Senator Dick Durbin on S386

Dec 21, 2019 161 Comments

*got the following email response from senator:*

Thank you for contacting me regarding the Fairness for High-Skilled Immigrants Act of 2019 (S. 386). I appreciate hearing from you.
The Fairness for High-Skilled Immigrants Act, introduced by Senator Mike Lee of Utah, would amend the Immigration and Nationality Act to increase the per-country cap on family-based immigrant visas and eliminate the per-country cap for employment-based immigrant visas. The legislation does not increase the number of immigrant visas granted annually.
On December 18, 2019, I came to the Senate floor and announced a bipartisan agreement with Senator Lee to amend the Fairness for High Skilled Immigrants Act. The agreement would make three changes to improve this bill.
First, it would better protect immigrants and their families who are stuck in the employment-based immigrant visa backlog by allowing immigrant workers and their immediate family members to be eligible for “early filing” for their green cards. Immigrant workers would not receive their green cards early, but they would be able to switch jobs and travel without losing immigration status. The amendment also protects the children of immigrant workers from “aging out” of green-card eligibility so they would not face deportation while they are waiting for a green card.
Second, the amendment would reserve 4,600 green cards on an annual basis for dependent family members and new immigrant workers who are stuck overseas and would not not be eligible for early filing. This number is based on the approximate number of people who apply for employment green cards from overseas each year who are not otherwise accounted for in the bill.
Finally, the amendment would address abuse of H-1B temporary work visas by prohibiting a company from hiring additional H-1B workers if the company’s workforce has more than 50 employees and more than 50 percent temporary workers. This commonsense bipartisan reform would stop outsourcing firms from abusing the H-1B visa to exploit immigrant workers and offshore American jobs.
Our legal immigration system does not provide nearly enough immigrant visas, also known as green cards. As a result, immigrants are stuck in the backlog for many years. This is a hardship for families who are caught in immigration limbo. Close to four million future Americans are on the State Department's immigrant visa waiting list, in addition to hundreds of thousands of immigrants in the United States who are also waiting for green cards. However, under current law, only 226,000 family green cards and 140,000 employment green cards are available annually.
The solution to this problem is increasing the number of green cards to eliminate this backlog. I have introduced the Resolving Extended Limbo for Immigrant Employees and Families (RELIEF) Act (S. 2603), legislation that would eliminate the entire current family and employment green card backlog within five years by increasing the number of green cards. This legislation would help keep American families together by classifying spouses and children of LPRs as immediate relatives and exempting derivative beneficiaries of employment-based petitions from annual green card limits, protect aging out children who qualify for LPR status based on a parent’s immigration petition, and lift country caps.
I will keep your views in mind as the debate continues. I will continue to work to fix our broken immigration system.
Thank you for contacting my office. Please feel free to keep in touch.
Sincerely,
Richard J. Durbin
United States Senator

comments

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TOP 161 Comments
  • Apple
    rzoI28

    Go to company page Apple

    rzoI28
    I see lot of hate comments from S386 opposers. All these S386 opposers join forces with nativists, immigration lawyers(who make money of backlogged immigrants). Such a dumb move.

    S386 is a minor technical fix which rearranges people in the line.So there is no reason for a congressman to get worried about supporting this bill as there is provision to prevent H1B frauds by the consulting companies.

    Also there are 800k people in the backlog, they are enough to provide real examples of misery of backlogged immigrants. Whereas S386 opposers are mostly in schools right now, or just the backlogged Chinese. They are way much lesser than people who are waiting in the line. Also these opposers mostly focusing on just twitter, blind in terms of spreading messages anonymously. Whereas 1000s of backlogged Indians physically showed up to the senate for UC voting. Just under 10 opposers showed up physically on the same day.

    So instead of spreading hate messages, you better focus on supporting comprehensive immigration reform.
    Dec 23, 2019 19
    • Google / Eng
      hoooli.xyz

      Go to company page Google Eng

      hoooli.xyz
      Yep that's exactly why I am not against the h1 amendment on 50/50 that was already negotiated.

      I am against folks on RoW saying the bill doesn't go far enough because, I don't think it's a good faith argument. The group that has been 'campaigning' this are the same folks who supported relief act. This hypocrisy is why I don't think it's a good faith discussion and it was never about abuse.

      I am not against what you said on principle (prioritize <50%). It's not against the definition of equality.
      Dec 24, 2019
    • Amazon / Other
      a74YT

      Go to company page Amazon Other

      a74YT
      Then why are you against extending that amendment to the existing backlog. If those folk are as high skilled as they cry in their crocodile tears, they won’t be affected.

      P.S. Make sure to google definitions of equality before you embarrass yourself. There are several types of it, no such thing as just equality.
      Dec 24, 2019
  • Google / Eng
    hoooli.xyz

    Go to company page Google Eng

    hoooli.xyz
    This is awesome. It's great that senator Durbin sees country of birth isn't a skill.

    Go 386
    Dec 21, 2019 10
    • Amazon / Other
      AYDU08

      Go to company page Amazon Other

      AYDU08
      ^ Not visas, green cards. Which they are.

      Ethnicity is subjective, one person thinks you are Greek another thinks you are Turk. Country of birth is the closest unarguable way to correlate with ethnicity.
      Dec 22, 2019
    • New
      XoAY48

      New

      XoAY48
      AYDU08 If a ethnic group is violent, they will have their own country. None violent(100s of Indian ethnic groups) or not strong enough (Kurds etc ) will live in country which has many others. Is it crime to not fight for own country based on ethnicity? Kurds are fighting but couldn’t make it. Middle East put together or Western Europe put together is less diverse than India (Whole Western Europe speak same language-group languages. Indians speak unrelated languages that’s at least 10,000 years district ethnic identity .)
      Dec 22, 2019
  • Zymergen / Other
    needsleep!

    Go to company page Zymergen Other

    needsleep!
    I support this, and I immigrated here from an "easy" country (no backlog of applications). I'm not any more special than an Indian engineer though, seems unfair I got the easy road.

    Definitely appreciate the fear around changing jobs on H1B. Not subject to that anymore but I'm glad they've been making it easier
    Dec 21, 2019 25
    • Intel
      D’s🥜

      Go to company page Intel

      D’s🥜
      There are many nuances and downstream effects associated to any change. Within an industry’s consideration, yes pay and competition are one of them. Beyond the “IT” industry, there are real considerations to be made about infrastructure, housing, and accommodation of more students in a strapped education system.

      The government needs many more changes to properly accommodate an immigration change. It can’t be an isolated change and needs swift coordination - things that the US government consistently fails. The US government doesn’t “swiftly coordinate” because of an extremely partisan system to build needed consensus. It’s a top-level system problem
      Dec 26, 2019
    • LinkedIn
      Tendulkar9

      Go to company page LinkedIn

      Tendulkar9
      Lol housing and infrastructure when there is no change in the number of immigrants!
      Dec 26, 2019
  • Admitting and acknowledging the H1b has been abused beyond recognition by Indian companies is a good first step.

    In a future version, the bill might address the abusers in the backlog (like 9/10th of it). Then it might have a shot at being voted on.

    This is not it :)
    Dec 22, 2019 11
    • Yahoo
      FFnl47

      Go to company page Yahoo

      FFnl47
      Love it when people like you start ranking others based on how deserving you think they are!
      Dec 26, 2019
    • Gilead Sciences / Other
      👻❤👽

      Go to company page Gilead Sciences Other

      👻❤👽
      It's called common sense.

      High-skilled engineers are taking in 200k+ wages at entry level in big tech, or at least 150k in startups/non-CS jobs. Many stuck in backlog with 500k+ wages. WITCH senior associate / manager are barely scraping 100k. They should not be in the same line.

      Worse yet, WITCH associate directors are barely making 150k and are in EB1C. Back in the day, even their managers got EB1Cs.

      Too bad, you benefitted from a broken system and can not accept the facts.
      Dec 26, 2019
  • Yelp
    hisfroggy

    Go to company page Yelp

    hisfroggy
    This doesn’t increase the number of new immigrants, only makes it easier for immigrants to move from one company to another. I’d say that this’ll increase the pay that’s artificially held down due to archaic immigration policies.
    Dec 21, 2019 19
    • Google / Eng
      hoooli.xyz

      Go to company page Google Eng

      hoooli.xyz
      @ex: where do you get this info? Do you have anything reliable to back it up with ? Or your thoughts?
      Dec 22, 2019
    • Oracle
      Hh7hro8

      Go to company page Oracle

      Hh7hro8
      The bill that passed HR is different from the one that is S386, this bill has different provisions some of which I like (especially the ones for H1b abuse ) but the fact remains that law makers are aware of H1b abuse.. which means there are many illegitimate folks in the backlog .
      Dec 22, 2019