US Bill Could Reshape Green Card System, Affect Indian Professionals

Washington — A Republican senator has introduced legislation that would overhaul the U.S. employment-based green card system, potentially affecting large numbers of Indian professionals waiting for permanent residency.

Sen. Tommy Tuberville of Alabama introduced the Americans First Immigration Act, which would replace existing employment-based green card categories with a points-based immigration system.

According to the bill, many pending employment-based petitions would be invalidated once the new system takes effect. Applications for adjustment of status or immigrant visas based on those petitions would be “rejected, denied, or invalidated.”

Applicants whose petitions were approved before the effective date could continue receiving visas only until the annual allocation for their existing category is exhausted during the fiscal year in which the law takes effect. No additional visas would then be issued under those categories.

The provision could have significant implications for Indian applicants, many of whom have approved employment-based petitions but remain in lengthy green card backlogs.

“Our current immigration system does little to evaluate the type of people we let in — it’s a free-for-all,” Tuberville said.

“Coming to the United States is a privilege, and we need to ensure that anyone immigrating to our country is willing to go by our laws and contribute to our society.”

The legislation would create an annual worldwide allocation of 192,000 points-based immigrant visas. That total would be reduced by the number of certain migrants who were not detained or were released from mandatory detention during the previous fiscal year.

Applicants would need a legitimate U.S. job offer and at least 16 points to qualify. They would also have to be between the ages of 18 and 51 and score in at least the fifth decile on an English-language proficiency test.

Points would be awarded based on salary, education, English proficiency, military service and extraordinary achievement, with visas going to applicants with the highest scores.

Applicants without a qualifying U.S. degree would generally need a job offer paying at least 200 percent of the median wage in the state where they would work. Applicants with a qualifying U.S. degree would need an offer paying at least 150 percent of the state median wage.

Employers would also be required to recruit U.S. workers before hiring foreign applicants and offer the position to an American worker who is equally or better qualified. Employers would be prohibited from laying off workers in equivalent positions beginning 90 days before filing the required attestation.

Green cards issued under the points-based system would initially be conditional for two years. The status of the principal applicant, spouse and children could be terminated if the principal applicant received certain means-tested public benefits, was convicted of specified offenses or failed to maintain qualifying employment.

The bill would also eliminate the Diversity Visa Lottery and restrict family-sponsored immigration to spouses and minor children.

It would end green card pathways for parents, siblings and adult children of U.S. citizens.

The legislation would also require immigrants who are not permanent residents to pay at least the tuition and fees charged to out-of-state students at U.S. colleges and universities. Institutions that violate the requirement could lose authorization to enroll international students for five years. (Source: IANS)