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Greg Siskind on Immigration Law and Policy

ANOTHER H-1B BILL INTRODUCED

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HR 5642, introduced by Representative Lamar Smith (R-TX), would raise the H-1B cap to 195,000 for this year and next.



 



HR 5634, also introduced this past week by Representative Patrick Kennedy (D-RI), would exempt from the green card caps individuals who receive Ph.D.s within the three year period preceding the application.



I don't have a sense yet if either bill will move this session.



[NOTE: Apologies for the incorrect description of 5634 earlier.]

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Comments

  1. George Chell's Avatar
    Good bills. I am surprised Mr. Smith is even doing this considering his long anti-immigrant record. Is he afraid that jobs are moving abroad and Americans are loosing tax revenue? I heard that the Congress does not want GAO or CBO to conduct any research on this issue although some international organizations may research this issue over the next two years.

    I think these bills wont move this year but should move next depending upon the impact of the current economic situation.
  2. GC_waiting's Avatar
    Hey the H.R 5634 is not cap exempt for H1-B. Its for EB exempt. Please read that carefully greg !!!!
  3. Drew from Immgirants' list's Avatar
    If you reported on it earlier, I apologize, but Giffords from AZ introduced one similar to Smith's. Here's what NumbersUSA said about it in their email. It is a slightly different approach, which I find interesting:

    Rep. Gabrielle Giffords (D-Ariz) has introduced the Innovation Employment Act (H.R. 5630), which would DOUBLE the current H-1B visa cap to 130,000 per fiscal year. H.R. 5630 would further raise the cap to 180,000 beginning in 2010 if the 130,000 cap is reached during the 2009 fiscal year.
  4. EB's Avatar
    Greg, can you please read the text and let us know is this for PhD degrees earned in the US or are foreign PhD degrees also included? Thank you!
  5. Sam's Avatar
    An interesting opinion piece in Forbes. Quite an interesting way to solve our economy's problems. http://www.forbes.com/opinions/2008/03/19/visa-talent-reform-competition-oped-cx_apa_0320immigration.html
  6. DK's Avatar
    EB: Foreign institutions are not included in this bill:

    ''(N) an immigrant who has received a
    Ph.D. from an institution of higher education
    (as defined in section 102 of the Higher Edu
    cation Act of 1965 (20 U.S.C. 1002), but ex
    cluding any institution of higher education de
    scribed in section 102(a)(1)(C) of such Act)
    within the 3-year period preceding the date on
    which the immigrant filed a petition described
    in section 204(a)(1)(G)(iii).''.


    102 A 1 C from the Act is below:

    ''(C) only for the purposes of part B of title IV, an
    institution outside the United States that is comparable
    to an institution of higher education as defined in section
    101 and that has been approved by the Secretary for the
    purpose of part B of title IV.



  7. Hamilton Carter's Avatar
    HR 5642 was submitted one day after 5630. 5642 proposes to not only double, but triple the H-1B cap. American workers that like their jobs need to contact their representatives.
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