HR 392 is 1044 now – Removing the country limit for US green cards

HR 392 is. HR 1044 now to remove country based green card limits. Will benefit India and China to reduce wait times.

Written by Anil Gupta
  By Anil Gupta          Updated  19 Jul, 19

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HR 392 Bill latest newsHR 1044 Passed in House on June 10, 2019 to remove country based green card limits.

HR 392 was reintroduced in Congress by Lofgren and Buck as HR 1044.

HR 1044 stands a better chance of passing in Congress as Lofgran is the chair and Buck, a ranking member of the House Judiciary Subcommittee on Immigration and Citizenship, putting them in a position to get the bill moving.

The problem point may still be Sen. Charles Grassley (R-Iowa), who has blocked prior versions of the bill because of concerns about the H-1B program itself.

HR 1044 has new clauses to fix the amount of Green Cards for countries other than Indian and China. This has been done to avoid any objections in congress based on the fear that all GCs will be taken solely by Indian and Chinese H1B workers.

It also addresses American Hospital association and America Iranian council fears of giving GC only to two countries for decades to come.

Source: Bloomberg

HR 392 Did not Pass Congress

When HR-392 was a bill of its own, it had about 329 co-sponsors.  It is supported by Amazon, Deloitte LLP, Equifax Inc., Hewlett Packard Enterprise, IBM Corp., Microsoft Corp., Salesforce.com and Texas Instruments among others to remove country based limits. If successful, it can change the life of Indian and Chinese skilled workers forever.

HR 392 Removing country Limit timeline

  1. Update Dec 7, 2018 – Stop gap funding approved without HR 392
    A stop gap funding has been approved for DHS appropriations bill by president Trump till Dec 21, 2018.
  2. Update Sep 29, 2018 – Country based limit removal not approvedOH law reports that the President signed the DHS stop-gap funding bill as part of Continuing Resolutions which are attached to H.R. 6157 2nd Minibus FY-2019 Spending Bill, which does not include Immigration Bill to eliminate Employment-Based Per Country Limit.

    Earlier, the provisions of HR 392 and other such country based removal bills were added to DHS spending bill as a way to pass them along with avoiding the government shutdown. But, it has not happened yet.

What is HR 392 bill

HR 392 is making news these days and is a hot topic in H1B skilled worker community as it is a crucial bill that holds the potential to change their future significantly with 327 sponsors.

A bill passes through these steps before it can become law and make some significant contribution to people’s lives:

  1. Introduced
  2. Passed House
  3. Passed Senate
  4. To President
  5. Became Law

Chances of HR 392 Passing and becoming Bill?

HR 392 is currently at introduction stage. There is a long way to go before it ever sees light of day. Given the current political scenario in Trump government and democrats priorities, the chances of this bill ever becoming a law are very LOW.

It’s good to have hopes but this bill is probably just an eye wash.

Remove per-country caps for Employment-based Green Cards

HR 392 aims to issue US green Cards on a first-come, first-serve basis instead of Country of Birth, thereby giving equal chance at obtaining US permanent residency to every one.

Today, each country has a numerical limit of 7% (9,800 of the 140,000 annual green cards limit) green cards that can be issued. This bill intends to make this amendment in the Immigration and Nationality Act and completely get rid of country of birth based limits.

If passed, HR 392 has the potential of reducing the Green card backlogs exponentially for Indian and Chinese nationals working on temporary H1B visa in USA. For almost a decade, no other country except Indian and China will receive any Green card as their nationals, that are waiting in queue, will get benefited.

This will also help avoid the problem of H1B worker kids ‘Ageing out‘ on turning 21, which effectively makes them start their own Green Card process.

Increase per-country limitation for family-based GC from 7% to 15%

H.R. 392 also has a clause to change limit on family based immigration from 7 to 15% effectively doubling up the chances of uniting the families.

Source: H.R.392 – Fairness for High-Skilled Immigrants Act of 2017


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   73 Useful Questions & Answers from comments



  1. Romi
    Romi 19 Jul, 19 at 8:40 am

    This bill will do nothing to help Indians and it will harm the ROW. Basically if they pass the bill it will help those Indians waiting now…but on the long run they will still wait 10 years to get green cards. The difference will tranfer the damage to the ROW….so we all going to pay for their abuse of the system.
    The big loosers will be universities that will not be able to take the necessary talents form around the world. You know that to help a professorship you need green card to apply to grants for reaserch.
    Also I don’t understand why they complains much…after all their wife’s can work while waiting for GC. So if this law is approved then the next “fare” thing to do is to remove that permit and let those wife’s wait like all the other wifes (eg. Wifes of o1 holders -this is the real high high skill people- can’t work while wating)

    Please sign this petition to stop the 1044 bill

    https://petitions.whitehouse.gov/petition/do-not-pass-bills-s386-or-hr1044-do-not-pass-bills-s386-or-hr1044-us-worker-and-racial-diversity


  2. Romi
    Romi 19 Jul, 19 at 8:32 am

    To anyone who think this is totally unfair not only for the rest of the world but to non IT profesions….please sign in this petition to not passing bill 1044

    https://petitions.whitehouse.gov/petition/do-not-pass-bills-s386-or-hr1044-do-not-pass-bills-s386-or-hr1044-us-worker-and-racial-diversity



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