On Jun 2, 2021, Rep. Lofgren introduced HR 3648, to repeal the country-cap in employment-based immigration. Here you can find a summary of the sections related to the employment-based immigration.
SEC. 1. TITLE. Establishes the short titles of the bill as the “Equal Access to Green cards for Legal Employment Act of 2021” or “EAGLE Act.”
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
- Eliminates the “per country” limitation on employment-based immigrant visas and increases it from 7% to 15% for family-based green cards.
- Restores 1,000 employment-based visas per fiscal year that have been set aside for applicants under the Chinese Student Protection Act of 1992.
- Effective date: first day of the second fiscal year after the date of the enactment of the Act. (e.g. if passed before Oct 1st 2021, it will be effective on Oct 1st 2022. If passed after Oct 1st 2021 and before Oct 1st 2022, it will be effective on Oct 1st 2023.)
- Creates a 9-year transition period for the elimination of the per-country limit for the employment-based second and third preference categories (EB2, EB3) as follows:
- Reserves visas for countries other than the two countries with highest demand (i.e China, India) for each category for nine fiscal years (FY) as follows:
- 1st FY: 30% (~12,000 GCs for ROW per EB2 and EB3),
- 2nd FY: 25%(~10,000 GCs for ROW per EB2 and EB3)
- 3rd FY: 20%(~8000 GCs for ROW per EB2 and EB3)
- 4th FY: 15% (~6000 GCs for ROW per EB2 and EB3)
- 5th & 6th FY: 10% (~4000 GCs for ROW per EB2 and EB3)
- 7th, 8th & 9th FY: 5% (~2000 per GCs for ROW per EB2 and EB3)
- Reserves visas for countries other than the two countries with highest demand (i.e China, India) for each category for nine fiscal years (FY) as follows:
(ROW: rest of the world, i.e. applicant except China and India)
- Reserved Visas for New Arrivals. For FY 1 through FY 9, 5.75% of each sub-category is reserved for ROW (i.e. individuals from countries other than India and China), with this priority: (1) derivatives who are accompanying or following-to-join a principal in the United States; (2) new principal arrivals who have not lived or worked in the United States in the 4 years preceding the filing of the immigrant visa petition; and (3) other new arrivals.
- Reserved Visas for Shortage Occupations. For FY 1 through FY 7, reserves 4,400 EB-3 visas for individuals who will work in shortage occupations (nurses and physical therapists).
- Additional Parameters. For FY 1 through FY 9, no country may receive more than 25 percent of reserved visas and no country may receive more than 85 percent of unreserved visas.
SEC. 3. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR. SEC. 4. H-1B EMPLOYER APPLICATION REQUIREMENTS. SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B EMPLOYERS.
SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B EMPLOYERS.
SEC. 6. LABOR CONDITION APPLICATIONS.
SEC. 7. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED IMMIGRANTS.
Allows most nonimmigrants (and their dependents) who are the beneficiaries of an employment-based petition that has been approved for two years to file an application for adjustment of status (I-485), even if an immigrant visa (i.e green card) is not immediately available. Children remain eligible for adjustment of status regardless of their age or if the principal applicant is deceased at the time a visa becomes available.
- Travel Authorization. Principal applicants and dependents are eligible for advance parole while the application is pending.
- Employment Authorization. Principal applicants are eligible for work authorization, subject to the conditions and special filing procedures described below. Dependents are eligible for work authorization if they were authorized to work or were in a status that allowed them to request such authorization at the time the adjustment application is filed (e.g. a nonimmigrant on F2 visa is not eligible for EAD).
- Conditions on Adjustment of Status for Principal Aliens. The I-485 application remains pending until the green card becomes available. The terms and conditions of employment must be similar and comparable with the terms and conditions offered to similarly situated U.S. workers in the area of employment. If the alien changes positions or employers, the new position must be in the same or a similar occupational classification.
- Special Filing Procedures for Employment Authorization. Requires the principal applicant to provide a Confirmation of Bona Fide Job Offer or Portability (Form I-485 Supplement J). If approved, the EAD card will be valid for 3 years.
- Decision. I-485 application will not be approved until a green card is available or if the principal applicant has not filed a Form I-485 Supplement J within the last 12 months. An application for adjustment of status may be denied if the principal applicant fails to respond to RFEs or establish compliance with the required conditions.
- Fees. $2,000 fee in connection with each Form I-485 Supplement J filed in connection with an application for adjustment of status under this section.
- Effective Dates. Early filling (this section) takes effect one year after the date of the enactment and stops on the date that is 9 years after the date of enactment (those who applied before the 9 year will not be affected).