US bill could reshape green card system, impact Indian professionals
Washington, Sep 25 (IANS/WISHAVWARTA) A Republican senator has introduced legislation that could upend the employment-based green card system and have far-reaching consequences for Indian professionals waiting for permanent residency in the United States.
Senator Tommy Tuberville of Alabama introduced the Americans First Immigration Act, which would replace existing employment-based green card categories with a points-based system.
The bill would also invalidate many pending employment-based petitions when the new system takes effect, according to its full text.
Applications for adjustment of status or immigrant visas based on those petitions would be “rejected, denied, or invalidated,” the legislation says.
Beneficiaries whose petitions were approved before the effective date could continue receiving visas only until the annual allocation for their existing category in the fiscal year of enactment is exhausted. No further visas would then be issued under that category.
That provision could be particularly consequential for Indian applicants who have approved employment-based petitions but remain in lengthy green card queues.
“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 establish an annual worldwide allocation of 192,000 points-based immigrant visas. That number 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 genuine US job offer and at least 16 points. They would also have to be between 18 and 51 and score in the fifth decile or higher on an English-language proficiency test.
Points would be awarded for salary, education, English proficiency, military service and extraordinary achievement. The system would favour applicants with the highest scores.
Applicants without a qualifying US degree would generally need a job offering at least 200 per cent of the median wage in the state where they would work. Those with a qualifying US degree would need an offer worth at least 150 per cent of the state median wage.
Employers would have to recruit US workers first and offer the position to an American worker who was equally or better qualified. They would also be barred from laying off workers in equivalent jobs beginning 90 days before filing the required attestation.
Green cards issued through the points 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 a means-tested public benefit, was convicted of specified offences or failed to remain in qualifying employment.
The bill would also eliminate the Diversity Visa Lottery and limit family-sponsored immigration to spouses and minor children. It would end green card routes for parents, siblings and adult children of US citizens.
It would require immigrants who are not permanent residents to pay at least the tuition and fees charged to out-of-state students at US colleges. Institutions violating that requirement could lose approval to enrol international students for five years.
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