Major Hurdle Cleared for “Fairness for High-Skilled Immigrants Act”

Major Hurdle Cleared for “Fairness for High-Skilled Immigrants Act”
July 17, 2012

This is a follow-up to our December 1, 2011 article What You Should Know About the "Fairness for High-Skilled Immigrants Act"


Senator Charles Grassley (R-IA) has lifted his hold on the Fairness for High-Skilled Immigrants Act (H.R. 3012). If enacted, the Act would eliminate the per-country cap for employment-based cases by fiscal year 2015, greatly helping applicant workers from high-demand countries as such India and China. Senator Grassley removed his objection to the Act after reaching a compromise with Senator Charles Schumer (D-NY, Chairman of the Senate Judiciary Subcommittee on Immigration, Refugees, and Border Security).


The compromise calls for additional provisions that increase authority to investigate possible fraud and abuse in the visa system. Specifically, these provisions authorize the Department of Labor to better review labor condition applications (LCAs) and allow the federal government to perform annual compliance audits of employers of H-1B workers.


Now that Senator Grassley has removed his hold on the Act, the Senate can move forward in its consideration. The Act was already passed by the House of Representatives last November (by a vote of 389 to 15). If passed by the Senate, it will go before President Obama, who has already publicly endorsed it, to sign into law.