Immigration Bills

H.R. 2131, the SKILLS Visa Act makes various changes to the immigration system with the intention of attracting high-skilled immigration to the United States. Unfortunately, the primary feature of the SKILLS Visa Act is a dramatic increase in foreign workers. 55,000 visas are added for STEM and medical graduates with advanced degrees, 10,000 for immigrant entrepreneurs, 15,000 for immigrants with advanced degrees (EB-2), and 15,000 for skilled workers and professionals (EB-3), for a total of 95,000 new employment-based immigrant visas.

H.R. 1760, the INVEST in America Act would provide 9,940 new conditional green cards per year for certain qualifying aliens in a field of science, technology, engineering, or mathematics (STEM), who already have an F-1 (student) or H-1B (high skilled worker) visa. Qualifying aliens must have or be working toward a STEM graduate degree, establish and engage in a new commercial enterprise relevant to that STEM degree, and submit a business plan to create at least 5 new full-time jobs for U.S. workers.

H.R. 1417, the Border Security Results Act of 2013, addresses border security, but does little to guarantee an actual border security results. Rather than require the Secretary of the Department of Homeland Security (DHS) to gain control of U.S. Borders, this act merely requires the Secretary to submit a plan to gain operational control of only the southern borders within 5 years. Operational control is met when the DHS determines that it has apprehended and turned back at least 90% of those who try to enter the U.S. illegally.

H.R. 830, the Secure America Through Verification and Enforcement (SAVE) Act of 2013 would help reduce illegal immigration by broadening and enhancing border security and interior enforcement measures. Perhaps the most important aspect of the SAVE Act is its requirement that ALL employers use the E-Verify electronic workplace verification program, an inexpensive, quick, and accurate way to verify the employment eligibility of ALL employees. This would go a long way toward removing the job magnet for illegal immigration.

H.R. 714, the Startup Act 3.0, would establish 125,000 new conditional permanent resident visas: 50,000 for graduates in science, technology, engineering, and mathematics (STEM), and 75,000 for qualified immigrant entrepreneurs. STEM graduates must remain “actively engaged” in a STEM field for 5 years in order to retain the visa, which includes a year of diligently searching for employment and the remaining years employed in the U.S. in a STEM field.