Wednesday, November 30, 2011


On Tuesday, November 29, the House of Representatives passed HR. 3012, the Fairness for High-Skilled Immigrants Act by a vote of 389-15. The Senate must now consider the bill. If the Senate passes HR 3012, President Obama is expected to sign the HR 3012 into law.

The measure, if passed into law, would eliminate the per country numerical limitation for employment-based immigrants. The Immigration and Nationality Act generally provides that the total number of employment-based immigrant visas made available to natives of any foreign country in a year cannot exceed 7% of the total number of such visas made available in that year. The bill eliminates this per country percentage cap in a phased in process between 2012 and 2015.


  1. If this bill becomes a law ,does this mean greater chances for all EB categories and that retrogression would no longer be an issue?

  2. No. But it will mean that the Indian & Chinese EB numbers are more favorable. The DOS has implied that the EB2 date would be current and the EB3 date would be 2005. But that is a guess. There are many issues that could greatly impact the actual dates.


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