Myths V/s Reality about Fairness for High-Skilled Immigrants Act
We have addressed the most popular myths and misinformation being spread about high skilled immigrants, and congress’ solution to address the issue. We believe that if you had all the facts, you will find that House Bill HR392 and its companion senate bill S281 will offer a Humane, sensible solution to the green card backlog, which is inadvertently discriminating against some of the most talented immigrants in this country because of the country they were born in.
an excellent and well researched article by Cato.org which describes the 150 years of wait time : https://www.cato.org/blog/150-year-wait-indian-immigrants-advanced-degrees
Myth 1: Fairness for High-Skilled Immigrants Act increases Green cards
Reality: This myth is just that, a myth with no documented proof. HR392 DOES NOT Add any new number of green cards to the current system.it simplifies the process in the employment based category, as we all know we get hired based on the skills.
Myth 2: Removing country cap will hurt America’s Diversity
Reality: The myth, that removing country cap hurts diversity spreads dangerous misinformation – the Fairness of high skilled immigration act does not call to remove diversity green cards, green card lottery system or family sponsored green cards that make up over 86% of all the green cards issued by the US government each year. Fairness of high skilled immigration bill does not ask for more green cards. Some of them are lucky enough, to get their green cards in as little as 9 months. The truth is, bill Fairness of high skilled immigration act seeks to help a narrow group of 8% of green cards issued each year to employment-based categories 2 and 3. Removing per country caps does not discriminate against any nationality (which is what is inadvertently occurring in the current system) nor hurt America’s diversity.
Myth 3: This Bill will only hand out green cards to Indian and Chinese immigrants
Reality: Fairness of high skilled immigration Act bill strives to bring fairness to every high skilled immigrant waiting for a green card, irrespective of where they are from. The bill has very clear language, ensure there are enough green cards for applicants from rest of the world, while prescribing targeted measures to eliminate backlog for severely affected countries. The bill unequivocally mandates that these transitional measures will be in place for three years. While it might extend wait times for applicants from non-backlogged countries by few more years, it will NOT prevent them from obtaining green cards. After 3 years limited duration, as clearly mandated in the bill, and all High Skilled green card applications will be processed on a first come first served basis irrespective of their country of birth. it’s not fair to have People from backlogged countries wait till 150 years especially in the employment based Green cards,
Myth 4: Fairness of high skilled immigration Act Will Limit Green Cards to Only Tech
Reality: Immigrants stuck in 150 years long backlog include Researcher scholars, Doctors, Nurses, and Teachers. They often work in rural, underserved areas, filling a gap and offering necessary services to help the American people. The Bill does not seek to limit green cards to non-tech workers, its only purpose is to help immigrants stuck in the green card backlog.
Myth 5: Companies Hire High Skilled Immigrants and apply for Green card process because They Can Pay Less Wages
Reality: The US national Average salary of a high skilled immigrant on a H1-B Work visa is currently $138,000/year in 2018 as per Google search. USCIS also mandates that all employment-based visa applicants must be paid a minimum of $85,000/year in 2018 as per Google Search. Clearly, companies cannot hire Immigrants at less wages.
Myth 6: HR392 affects American citizens negatively
Reality: Passing HR392 is very important for American Citizens. In fact, it protects them in a growing Economy, as they are sought after by American Corporations in a competitive market where, High skills are prized. HR392 ensures that no employers can exert undue influence on citizen or Immigrant employee. American citizens and High-skilled Immigrants are driving the explosive growth of innovation economy. Hugely successful American companies such as ADP, AK steel Corp, Amazon, American airlines, American express, AT&T, Apple, Bank of America, BlackRock, Cintas Corp, Bank of America, PepsiCo, Cisco, Intel, Coca-cola, Cummins, Google, Facebook, Johnson & Johnson, Mastercard, Microsoft, JPMorgan chase, NASDAQ, S&P Global Inc, SAS, Pitney Bowes, sales force, Visa Inc, Texas Instruments, Tyson foods, Verizon have urged the US government to pass HR392 and S281 so they can realize unlocked potential of their best asset, human capital. Immigrants have been and are founding startups and new businesses at a rate of 35% more with every passing year.
Myth 7: High Skilled Immigrants Waiting for an Employment Based Green Card are Under Qualified
Reality: The US government does not hand out high-skilled employment visas to underqualified immigrants. The law clearly states that all applicants for High-Skilled visa need a minimum of a 4-year bachelor’s degree, or highly specialized training and experience. Most immigrants stuck in the green card backlog possess master’s degrees, PhDs and MBAs from some of the top universities in America and around the world. They work in prestigious Hospitals, schools, Fortune 100/Fortune 500 companies, startups and small businesses. They invent new things, file patents, and cure diseases. They are not under qualified. These immigrants undergo rigorous, in-person, often technical interviews conducted by highly competent Department of State employees before they can arrive to work in the United States. For
example, AppDynamics is a company highly valued in cloud-driven economy is founded by an immigrant and his citizen coworkers. Shining example of such American Dreams are aplenty.
Myth 8: Handing out Green cards to high-skilled immigrants on Dual intent H1-B Work visas is wrong
Reality: This myth stems from a lack of understanding of how a complex legal process, such as green card, works. H1B is a dual intent Visa, which means people on H1B can apply for Green card as per the resolutions passed by US Congress. To start a green card application, Employers need to notify the federal government that they intend to hire the immigrant they’re sponsoring for a green card on a permanent basis. Employers are required to submit documented proof that they are doing so because they were unable to find an equally qualified American to fill the role. This process is fully legal, above board and is closely monitored at every stage by Department of Labor and USCIS. Employers do not sponsor green cards for their immigrant employees if they are able to find an American to do the job. US Department of Labor prevents them proceeding further with such applications.
Myth 9: It is Very Easy for High Skilled Immigrants to get a Green card
Reality: The US government rigorously vets every Employment-based green card application. The process is not easy. It involves multiple verification by Department of Labor, USCIS, Department of State and so on. Employers and Companies spend several thousand dollars on application fees and legal fees to apply for a green card for their employees. High-skilled Immigrants getting stuck in a century long backlog means companies must spend thousands of dollars helping their talented employees renew their work visas while they wait for approved green cards. US employers only file Green card petitions for employees they find worthy of the effort, irreplaceable and good for their business. It is a very time-consuming, expensive process with multiple checks and balances that does not guarantee applicants anything until after they receive green card.
Myth 10: ALL H1B WORK Visa Holders apply for Green cards
Reality: It is easy to conflate the H1b visa and employment based Green cards, but they are entirely different processes. Employer sponsored H1B visas are one of the many ways to lawfully work in the United states. Green cards are only sponsored by Employers who wish to permanently hire their most exemplary immigrant employees. The reality is, many employers choose not to sponsor green cards for their immigrant employees on work visas, and these employees will go back to their home country once their work visa expires. Most of the times Only the best and brightest from the H1b system are applied Permanent residency process by the employers, we all know fortune 500 companies have best process to identify the best employees and apply Green card process.
Myth 11: ALL Spouses of H1b Visa holder can work (Spousal work authorization-H4EAD)
Reality: Dependent spouses of H1-B visa holders cannot work, and for spouses waiting decades for a green card, this is an agonizing reality that strips them of their dignity. The H4EAD only applies to spouses of high skilled immigrants who are in the 2nd stage of their green card application and waiting in line for decades to get their green card. It was introduced as a stop gap measure when the wait for employment based green cards increased exponentially to one and half centuries for the 200,000 high skilled immigrants stuck in the backlog. There are less than 100k spouses who have H4 EAD as per USCIS data.
Myth 12: ALL H4EAD are taking away minimum wage jobs from vulnerable Americans
Reality: According to USCIS, Majority of the spouses are women, data found that 99% of these women possess a college degree or higher – 57% of them have a Masters’ Degree or higher. They are using their H4EADs to work as Nurses, Doctors and in STEM fields. They are starting small businesses that employ Americans. They are paying taxes and contributing to their communities, alongside their husbands while they sink roots in this country while they wait for their American dream.
Myth 13: Children of Legal high skilled immigrants don’t have any issues for the Permanent residency in the current immigration system
Reality: In June 2018, House Judiciary committee chairman Rep. Bob Goodlatte spoke about the heartbreaking plight of the 60,000 children of high skilled immigrants who will be deported when they age out of their parents’ visa, because their parents will not be getting the Green cards over the course of their life time. These kids are who came with their parents to the United States at a very young age. They cannot qualify for scholarships or federal student aid and will pay international student tuition to attend college. The only way they will be eligible for a green card in their lifetime would to win an H1b visa through the lottery, and then hoping their employer considers them talented enough to sponsor their green card application.
Not Removing country limits in Employment based Green card category & its impact
We want you to understand what Squashing “Fairness for High-Skilled Immigrants Act” means to the families of 200,000 tax paying Americans-in-waiting and who include Scientists, Scholars, Doctors, Engineers, Nurses, and Teachers
- Employment-based Green card Applications are inextricably tied to Employment visas i.e. Applicants must be continuously employed until after their green cards are issued. One may wish to work until they draw their last breath, but it is hard to imagine being alive for 150 years or working on a visa for that long.
- When High-skilled immigrants stuck in the 150 years backlog retire, or when they die, their green card application is automatically invalidated and their dependents (spouse and children) are deported with immediate effect under the threat of criminal prosecution, and at their own expense.
- Hardworking high-skilled immigrants contribute to Social Security and Medicare, but when they are forced to leave the United States, they won’t be able access these hard-earned retirement benefits. Consider the plight of elderly immigrants forced to deport without a safety net in their retirement.
- The very thought of being permanently displaced without any recourse is agonizing beyond belief. This not the America we respect and love. Here is the information gathered to address this Myths and actual reality. We are happy to discuss further if anyone has discussion points.