Washington, Sept. 25: Preparations are underway for a change that could shatter the dreams of many Indians. A Republican Senator has introduced a bill that could significantly alter the current employment-based Green Card system.
If enacted, this bill could have a major impact on Indian professionals who have been waiting for a long time for permanent residency—or a Green Card—in the United States. Senator Tommy Tuberville of Alabama has introduced the “Americans First Immigration Act,” which proposes replacing the current employment-based Green Card category with a points-based system.
According to the bill’s details, the new system could invalidate many pending employment-based Green Card applications. Applications for adjustment of status to Green Card holder within the US, or for immigrant visas from abroad, could be rejected, denied, or invalidated under this proposal. However, those who receive approval prior to the new system’s implementation date would continue to obtain visas under the existing category until the annual visa quota for that fiscal year is exhausted. Not everyone can come to America
Following this, no visas would be issued under that category. This provision could have a particularly significant impact on Indian applicants, as many Indians with approved employment-based petitions are still waiting for their turn due to the long Green Card backlog. “Our current immigration system does not accurately assess the type of people we allow into the country. It is a system that is open to almost everyone. Coming to America is a special privilege, and we must ensure that everyone who comes to our country is prepared to abide by our laws and contribute to our society,” said Tuberville.
What changes are proposed?
The bill provides for the issuance of 192,000 merit-based immigration visas annually worldwide. However, this number may be reduced based on the number of immigrants who were not detained or were released from mandatory detention during the previous fiscal year.
Applicants must have a valid job offer in the United States and secure a minimum of 16 points. Applicants must be between the ages of 18 and 51 and score in the fifth decile or higher on an English language proficiency test. Points are awarded for salary, education, English proficiency, military service, and exceptional achievements. This system prioritizes applicants with the highest scores.
Applicants who do not hold a qualifying U.S. degree generally require a job offer with a salary of at least 200 percent of the state’s average wage. For those with a qualifying American degree, the job offer must be at least 150 percent of the state’s average wage.
Priority for Americans
Under the bill, companies are required to attempt to hire American workers before hiring a foreign employee. If an American worker is equally or more qualified than a foreign candidate, the company must offer the job to the American worker first. Furthermore, companies cannot lay off employees in similar positions for 90 days prior to submitting the necessary documentation. Green cards obtained through the points system are initially issued with conditions for a period of two years.