EAGLE Act: Clearing Green Card Backlogs For H1-Bs – Path2USA

Selecting up from the place S386 left off, Democrat Congresswoman Zoe Lofgren and Republican Home member John Curtis have launched a bipartisan regulation referred to as the EAGLE Act 2021. Learn: cut back inexperienced card look forward to H1-B visa holders caught within the 75+ 12 months backlog.

For the layman, it’s an Act that may permit Equal Entry to Inexperienced Playing cards for Authorized Employment. This can even purpose to get rid of the 7% per-country restrict on employment-based immigrant visas, that has been an enormous bottle-neck for expert expertise coming into the U.S.

EAGLE Act –  Full Particulars

EAGLE is the acronym for Equal Entry to Inexperienced Playing cards for Authorized Employment. The intent of the Act is to “de-emphasizes birthplace” and provides everlasting residency to eligible immigrant visa holders who’ve entered the U.S. based mostly on employment. This implies immigrants needs to be employed based mostly on their talent units and never homeland.

It should additionally get rid of the 7% nation cap restrict on visa functions.

For family-based inexperienced playing cards, the EAGLE Act proposes elevating per-country cap to fifteen%.

This proposal if handed can be efficient by Oct 1, 2022. It should doubtlessly get rid of the EB-1, EB-2 and EB-3 backlogs in 3-17 years if the Act is handed in its entirety.

How Will The EAGLE Act Cut back Inexperienced Card Wait

Remove Nation of Start: Just like the S386, eliminating the nation of beginning permits for everybody to use and get the inexperienced card equally as a substitute of being restricted by the nation cap assigned to every nation. India has a 7% cap on what number of inexperienced playing cards might be obtained.

Associated Article: What’s the Equity for Excessive-Expert Immigrant Act about?

File I-485 sooner: If the I-140 or the PERM utility is authorized, then you’ll be able to file for the adjustment of standing (AOS) sooner and obtain the inexperienced card a lot sooner than the backlog permits for now.

Backlog, from 75 to six years: Presently, the look forward to a inexperienced card is over 75 years. If this Act is authorized, eligible employment based mostly inexperienced card candidates will get their inexperienced card in six years.

Dependents, 21 years and above: Children 21 years and over age out and should both deport or change their standing to one thing else like F1 worldwide scholar visa. Else by 21, they age out and can’t be on their main beneficiary’s visa anymore.

The EAGLE Act will present safety to the H4 dependents from getting out of standing.

Associated Article: Inexperienced card precedence dates for EB classes have gone up by 9 months. Right here’s an entire evaluation from the June 2021 Visa Bulletin

What Stage Is The EAGLE Act At As we speak

Rep Lofgren and Rep Curtis have floated the proposal of the HR 3648 EAGLE Act 2021 or the Equal Entry to Inexperienced playing cards for Authorized Employment Act. In Rep Lofgren’s phrases, “Merely put, it should permit US corporations to give attention to what they do greatest – hiring good folks to create services, which creates jobs in our districts.”

Previously, an identical invoice was launched in 2008. Final December, the invoice had handed the Senate unanimously, however lapsed resulting from lack of time.

Now that it has been launched within the Home, it’s anticipated to go quick with giant variety of unanimous votes.

As soon as it handed the Home, it’s despatched to the Senate for approval. Previously, the S386 invoice didn’t go even after shifting from the Home to the Senate and ultimately, the inexperienced card invoice lapsed over time. The probabilities of the EAGLE Act passing each the Home and the Senate are small, if not a really prolonged time interval. As soon as it odes, the President has to signal it into regulation.

Per Rep Curtis, “The bipartisan EAGLE Act will create a extra truthful employment based mostly visa system by eliminating per-country limitations and making a first-come, first-served system centered on advantage as a substitute of nation of origin”.