Merit-based Immigration
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In an attempt to improve existing high-skilled, merit-based immigration laws, amendments are moved to a White House-backed immigration bill by a top Republican lawmaker named Senator Orrin Hatch. The proposal for merit-based immigration laws could be of a big benefit technology professionals from countries like India.

Hatch aims to eliminate annual per-country cap for employment-based green cards, which helps skilled employees from the  populous countries like India and China. This does not allow unfairly discrimination against applicants from other less populous countries.

After moving the amendments to Senate Immigration Bill Hatch said, “I have long said, high-skilled immigration is merit-based immigration,”

“It’s immigration targeted at the best, the brightest, and the most highly educated. The amendments, I filed today, are focused, common sense reforms that will make a real difference for our economy,” he said.

The amendments would

  • Increase worker mobility for individuals seeking green card approval.

  • The workers can change jobs without getting out of the line for the green card.

  • Existing regulations get codified regarding spousal work authorisation as well as the post-education practical training.

As per the statement, the US master’s degree holders or others being sponsored for green cards are exempted under the amendments from the annual numerical limitations on H-1B visas. The amendments also penalize employers who do not employ an H-1B worker for more than three months during the individual’s first year of work authorisation.

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Amendments also updates 1998 law exempting H-1B dependent employers from non-displacement requirements and other recruitment.

The amendment raises the H-1B salary level to USD 100,000 from USD 60,000 where the salary-based exemption comes to effect, eliminate exemption for super-dependent employers and lessens education-based exemption to H-1B hires with a US PhD.

“In particular, they will help streamline the process by which a worker with in-demand technical skills can obtain a green card and will cut back on some of the troubling abuses we have seen with the H-1B programme.

“These are important reforms that can attract broad support, and I intend to pursue every opportunity to include them in the pending immigration bill,” the lawmaker said.