S386 Is Now Eagle Act to Remove Country of Birth Limits

Eagle Act is new S386. Aims to remove country of birth limits, allow filing i485 if i140 approved for 2 yrs, H4 age out protection, protect US workers

Written by AM22Tech Team
  AM22Tech Team    Updated 2 Jun, 21

Zoe Lofgren and John Curtis have introduced the Eagle Act soon as the new version of S386 in Biden’s tenure. The Eagle Act has almost all the provisions that were part of the Durbin Lee compromise that passed the Senate in Dec 2020.

There are some new and good things that can prove beneficial for employment-based workers if Eagle Act becomes law.

Eagle Act (HR 3648)

The full text of the bill is available here in a PDF file on the house.gov website.

The bill aims to have the effective start date as the first day of the second fiscal year after it becomes law. This means that the earliest it can be activated is 1 Oct 2022 if it passes by 30 Sep 2021.

The full form of Eagle is Equal Access to Greencards for Legal Employment as mentioned on ImmigrationVoice’s own website EagleAct.info.

#1 File i485 Quickly – First 9 years

You will be allowed to file i485 application if

  • Your PERM is approved and
  • Your i140 has been approved for at least 2 years

The first 9 years will help move the already backlogged people into mainstream by letting them file the AOS so that they can get GC earlier than people who got in the queue later.

#2 No increase in GC numbers

There is no provision to increase total number of Green Cards.

#3 ReCapture lost Green Card

There are about 220k lost green card since 1992. This bill does not aim to recapture them.

#4 Count H-1B dependents in Yearly Green card numbers

We could not find any text that points to a change of counting strategy.

This could have helped double the yearly quota of Green card given as this provision has been made for family-based immigrants.

#5 Remove country of birth green card limits

This will be same as was targeted by S386 and HR 1044 earlier.

Removing the country of birth discrimination is rhe primary aim of this bill.

#6 H4 Age Out Protection

Children of H1B workers will not age out at 21.

All these ideas have been floated earlier but never reached any conclusion in congress since the bill aims to achieve comprehensive immigration reform.

The intent is good and can help reduce the current backlog of about 500k green cards for Indian and Chinese communities but it will face challenges convincing everyone.

Chances of Passing?

#1 Chance of passing House

The chances of passing house are extremely high as the same bill passed in House with majority earlier in the form of HR1044.

We anticipate that it will pass again quickly in House with good majority. The chance of passing in house are 95%.

#2 Chance of passing Senate

Looking at the past S386 record which saw tons of amendments and could not become law even after passing House and Senate, the chances of this comprehensive immigration reform are less than 10% at this time.

Last time, Senator Durbin had the hold on this bill for the longest time. The story in Senate was not encouraging as one after another Senator kept blocking it until it died with the Senate dissolution.


There is no timeline and it can take years.

As they say, there are many slips between the cup and the lips, we still have a long way to go to see the light of the day without country-based discrimination. The bill will need to be passed by both House and Senate and then signed by President Biden.

Most H4 kids will age out if their parents cannot get a green card before they turn 21.

Indian GC Priority Date Movement

The 150 year US green card wait times for tax-paying skilled immigrants from India and China will be reduced to 6 years if the bill becomes law.

As per my estimation,

  • The Indian green card EB1, EB2, and EB3 dates should get current up to Feb 2018 immediately if the bill passes.
  • The rest of the PD dates after Feb 2018 will get current in the subsequent 6 years.
  • We are working on adding this bill’s provision in our Green card estimation app.

Biden Comprehensive Bill

Earlier on Feb 18, 2021, Biden’s comprehensive immigration bill was introduced which is heading nowhere and hence democrats are trying for smaller immigration bills.

The primary focus of the bill is on family-based immigration, undocumented, asylum, refugee, DACA kids, and family-based immigration heavily as they are considered the democrat’s future vote bank.

Green Card in 5 Years for Undocumented

Biden’s plan is to provide a Green card in 5 years and then citizenship in 3 years to undocumented immigrants while legal Indian workers wait 15+ years on average even after recapturing lost green cards.

This probably means that ‘jumping the border‘ will get Green card preference over entering the US legally.

It would be interesting to see if legal workers will try to become illegal if the law gives preference to undocumented for green card issuance!

The only conditions that the Biden administration is putting up for the undocumented population to get a green card are:

  1. Physically present in the US on Jan 1, 2021.
  2. Paid IRS income taxes

Do skilled workers feel cheated here? Aren’t you paying taxes and abiding by all laws? Then, why is this discrimination?

Will Country of Birth Limits Be Removed?

The high skilled worker community from India and China is hoping that Democrats would try and pass the reform bill in 2021.

The main question to ask yourself: Which party considers you their future vote bank?

We still do not think that Democrats or for that matter Kamala Harris believes that high skilled legal workers are their future votes.

The ‘path-to-citizenship’ for 11M undocumented people in the USA is the biggest hurdle in getting bipartisan support. The same kind of bill was introduced in earlier congress and was never passed as it asked for too many changes to the immigration law.

Should I Move to Canada?

The chances of getting a US green card for legal H1B workers from India are still a distant dream and you should have a backup plan until the comprehensive reform bill passes both house and Senate. There is no timeline for this and can take years.

People who took the decision to move to Canada, Australia, or the UK have taken the right decision. Canada and Australia already have a merit-based system in place and the UK started its own in Jan 2021.

The USA does not seem to care about legal skilled workers’ future. Our suggestions:

  • If your non-US citizen kid is 15 years today, it is better to start planning to move to one of the above-mentioned countries.
  • If you are below 39 years of age, file for Canada, Australia, or UK Permanent residency immediately as you will find it difficult to get an invite if you don’t.
  • If you are above 40 years today and do not have any other backup, you have probably missed the bus and have no other option than to keep waiting in the USA green card queue.
  • If your child is 17+ years today, send them to Canada for studies and not the US. They can get Canadian residency easily than lingering in the USA F1 and then H1B line like you.

CIS analysis report

Earlier in March 2020, CIS published the S386 analysis report by the Congressional Research Service which claims that S386 will not stop the growth of backlogs in the future.

This report describes:

  • The 10-year impact of eliminating the 7% per country ceiling on the first three employment-based immigration categories: EB1, EB2, and EB3.
  • S386 has the potential of eliminating the Indian & Chinese EB1, EB2, and EB3 backlog in 3, 17, and 7 years respectively if it is implemented in 2020.
  • The S386 may just help reduce the Green card wait times for Indian and Chinese nationals initially but it would create a backlog for other countries.

If there is no removal of the country of birth GC limits, the CATO institute projects that this employment-based backlog will double by FY 2030 to 2 million as compared to the current 1 million.

Immigration Reform Passing Process

  1. Pass Senate
  2. Pass House
  3. President Signature: The final step after both Senate and House approval is President’s sign.


Written by AM22Tech Team
  AM22Tech Team     

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