Senator Rand Paul, who blocked the S386 Green card country limit removal bill over the rights of Nurses has introduced a new bill S-2091.
S-2091 has been named as the Backlog Elimination, Legal Immigration, and Employment Visa Enhancement (BELIEVE) Act who’s primary purpose is to reduce the backlog of foreign nationals seeking employment-based visas.
BELIEVE Act will increase the yearly green card limits from 1,40,000 to 2,70,000.
Remove Country Based Green Card Limits
Bill will remove the country based green card limits for employment based Green cards explicitly.
EB1, EB2, EB3 will get 29.63% of total available employment based green cards instead of current 28.6%.
EB4’s allocation of green cards is cut by half to 3.7% from current 7.1%
EB5 gets an increase of just .31% to take them from 7.1 to 7.41% of total employment based GCs.
The announcement has been made immediately after the house bill HR1044 passed with bipartisan majority in house on June 10, 2019.
Don’t Count Family Members for Green Card Numbers
This is a very good provision in this bill which clarifies and explicitly tells USCIS to NOT count the dependent family members towards the available Green Card numbers.
At this time, USCIS counts each family member under the same employment based quota as the primary applicant. This is one of the reason behind today’s extremely long waiting times for Indian and Chinese H1B and L visa workers.
An average family size of 3 limits the total number of green cards allocated. If only 1 Green card is counted for whole family, the total number of GC given could easily increase three fold.
H4 EAD for H1B dependents
The bill has clause to give authority to DHS to give EAD (employment work authorization) to dependents of non-immigrants visa holders like H1B and L visa.
This is good news for H4 EAD holders as DHS has contested time and again in federal court that the law should be amended to give H4 workers work rights.
DHS has been actively working on terminating H4 EAD.
Health Care Workers
Rand Paul has soft corner for nurses and has added a special provision for them in this bill to allow them to file an immigrant visa (Green Card).
Family Based GC per Country Limits
The total number of Green cards made available to any single country or dependent area in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsection in that fiscal year.
BELIEVE Act Full Text
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