Immigration Innovation Act 2013- High Skilled Worker Bill Introduced.

On January 29th, a new bill was introduced that would help retain high skilled workers. The bipartisan bill seeks to reform employment-based H-1B and student visas, increases access to employment-based green cards, and promotes STEM education. The bill was introduced by U.S. Senators Orrin Hatch (R-Utah), Amy Klobuchar (D-Minn.), Marco Rubio (R-Fla.) and Chris Coons (D-Del.)

A summary of the bill, as posted on the press release from Senator Hatch, is copied below.  I am hopeful that with current immigration momentum, this bill may have a chance of success.  Stay tuned for more information as it becomes available.

Immigration Innovation (I2) Act of 2013

Employment-Based Nonimmigrant H-1B Visas

  • Increase H-1B cap from 65,000 to 115,000
  • Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)
    • If the cap is hit in the first 45 days when petitions may be filed, an additional 20,000 H-1B visas will be made available immediately.
    • If the cap is hit in the first 60 days when petitions may be filed, an additional 15,000 H-1B visas will be made available immediately.
    • If the cap is hit in the first 90 days when petitions may be filed, an additional 10,000 H-1B visas will be made available immediately.
    • If the cap is hit during the 185-day period ending on the 275th day on which petitions may be filed, and additional 5,000 H-1B will be made available immediately.
  • Uncap the existing U.S. advanced degree exemption (currently limited to 20,000 per year)
  • Authorize employment for dependent spouses of H-1B visa holders
  • Increase portability of high skilled foreign workers by:
  • Removing impediments and costs of changing employers;
  • Establishing a clear transition period for foreign workers as they change jobs; and,
  • Restoring visa revalidation for E, H, L, O, and P nonimmigrant visa categories

Student Visas

  • Allow dual intent for foreign students at U.S. colleges and universities to provide the certainty they need to ensure their future in the United States

Immigrant Visas and Green Cards

  • Enable the recapture of green card numbers that were approved by Congress in previous years but were not used
  • Exempt certain categories of persons from the employment-based green card cap:
  • Dependents of employment-based immigrant visa recipients
  • U.S. STEM advance degree holders
  • Persons with extraordinary ability
  • Outstanding professors and researchers
  • Provide for the roll-over of unused employment-based immigrant visa numbers to the following fiscal year so future visas are not lost due to bureaucratic delays
  • Eliminate annual per-country limits for employment based visa petitioners and adjust per-country caps for family-based immigrant visas

U.S. STEM Education & Worker Retraining Initiative

  • Reform fees on H-1B visas and employment-based green cards; use money from these fees to fund a grant program to promote STEM education and worker retraining to be administered by the states

One Comment on “Immigration Innovation Act 2013- High Skilled Worker Bill Introduced.

  1. H-1B cap from 65,000 to 115,000 will be quite a long jump taken.This should mean more opportunities for STEM students. To be trained in US and employed would be a fitting gift for such talents.

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