New petition on White House site calls for passing S. 386, which would eliminate green card country cap

The companion bill of S. 386, the bipartisan H.R. 1044, or the “Fairness for High Skilled Immigrants Act,” has already been passed by the House.

A new petition, launched on the White House website, is urging people to put pressure on the US Senate to pass S. 386. The House of Representatives has already passed its companion bill, the bipartisan H.R. 1044, or the “Fairness for High Skilled Immigrants Act,” which calls for the elimination of the green card backlog by removing the 7 percent country cap.

The Senate bill S. 386 is currently blocked by Kentucky Republican Sen. Rand Paul, who has introduced a rival bill citing concerns of visa availability for healthcare workers.

The new petition, started anonymously by someone identified as D.K., on September 21, 2019, calls for the bill to be passed since “legal immigrants have been permanently employed for decades contributing to their local communities, Social Security, Medicare, while waiting for their Permanent residency.”

It says that the unforeseen outcomes of the current immigration policy has left stressful family situations with potential separation of parents and their US citizen kids and put legal high skilled workers’ kids at risk of “aging and forced to leave US.”

RELATED: The newly passed H.R.1044 raises caps for family-based green cards (July 10, 2019)

The uncertainty has cut these individuals out of a social safety net that they have contributed into for decades and left them far behind in making major life decisions, the petition argues.

“These bills correct a moral wrong where two similarly skilled individuals can have very different life outcomes. It doesn’t take away a path to permanent residency for any future applicants,” said the petition.

If passed by the Senate, the green card wait times for tax-paying skilled immigrants from India and China will be vastly reduced, with the EB2 and EB3 dates getting current up to Sep 2014 almost immediately.

Reports said Sens Mike Lee and Kamala Harris have negotiated with Paul to find a reasonable compromise. Reportedly, the Kentucky Republican has agreed to remove his hold on the S 386 bill now with a clause to have fixed quota of 5,000 green cards for Schedule-A jobs which include healthcare workers.

The fixed quota is applicable for the next 9 years, the time-frame possibly required to take to clear Indian and Chinese backlogs.

Petitions launched on the White House website require a minimum of 100,000 signatures to receive an official response.

46 Comments

  1. This is a very complicated thing. I am looking for an H1B visa after earning phd in the US and possibly get a green card. I am not here to blame hard-working Indiana colleague who have been going through the legitimate steps but fail to earn their green cards for more than 10 years. I am sorry, but the problem is not on the system. It is on the abuse of the system by the ICCs. Id rather suggest that the priority for the H1B be given to those who have degrees from the schools in the US. Regarding the per-country cap, I think it would be no longer a problem if the priority is given to the students with the degrees from the US.

  2. As many people suggested, we should urge congress to pass a bill to put 7% cap per country on H1B program immediately. Thereafter, all these Green Card backlog issue is resolved. The Indian green card backlog issue was obviously caused by their abuse of H1B programs through Indian consulting companies (ICC). Indians gets more than 70% of the H1B quota per year. Is this fair to any other countries? If we had put a per country cap on H1B program, there shouldn’t exist this kind of problem at all from the first place. The fact is that India has 17.7 population of the world. They get more than 20% of green cards, and more than 70% H1B visas. And they want MORE…
    Another fact is that most of these Indian H1B abusers don’t have a US education degree. They are getting hired simply because they are cheaper than US tech workers. American tech graduates invest so much money on their education. Don’t they deserve a decent tech job?
    Indians are notorious for resume and Interview cheating, which is a worse problem than the H1B visa fraud. They screw up the US tech job market, putting the honest American tech workers in a very disadvantageous position. Even worse, most of Indian Managers prefer to hire Indians. Thousands of honest American tech workers were/are displaced by Indian H1B abusers. Where is the justice for American tech workers? Ironically, none of the Senators, who are supposed to represent American tech workers, can even speak up for them. Instead they speak for these greedy Indians.

  3. SITA RAMA PONNAURI

    Who is D.K who started petition anonymously ? But one certain outcome may emerge : Per country cap , if is removed on GC’s will balance non availability of technical resources. The unused GC’ numbers from respective categories can be given to those who are waiting since many years. If a particular category of ROW, if in a particular year if GC numbers are not used, same can be adjusted to people. Also as they are fixed for an year, certainly they are not going to cause any unemployment to american workers , but rather increase american employment.

  4. It will do same as H1B. Only beneficial to one country, one career field. Strongly oppose S386!

  5. Translation in Gujarati language.

    વ્હાઇટ હાઉસની વેબસાઇટ પર નવી અરજી/પિટિશન એસ. ૩૮૬ ને બહાલી આપવાની કવાયત, કે જે દુનિયામાં દેશદીઠ ચોક્કસ સંખ્યામાં ગ્રીનકાર્ડ આપવાની ટોચમર્યાદાને હટાવી શકે.

    લેખક: એ. બી. વાયર. (editor@americanbazaaronline.com)
    સપ્ટેમ્બર ૨૫, ૨૦૧૯. ૧૨:૧૯ pm

    એસ. ૩૮૬ નો સહગામી ખરડો, ધ બાયપાર્ટીઝન (દ્વીપક્ષી) એચ. આર. ૧૦૪૪, અથવા ‘કુશળ કામદાર વસાહતી પ્રત્યે ઔચિત્ય જળવાય એ કાયદો’ જ્યારે ગૃહ દ્વારા પસાર થઈ ચૂક્યો છે ત્યારે……

    એક નવી અરજી, વ્હાઈટ હાઉસની વેબસાઈટ પર શરૂ થઈ ચૂકી છે, કે જે લોકોને વિનંતી કરી રહી છે કે અમેરિકી સેનેટ પર દબાણ લાવો કે જેથી એસ. ૩૮૬ પસાર થાય. ગૃહ આ ખરડાનો સહચારી કહી શકાય એવો ‘ધ બાયપાર્ટીઝન એચ.આર. ૧૦૪૪’ ખરડો પસાર કરી ચુક્યુ છે કે જેથી પ્રત્યેક દેશદીઠ જે ૭% ગ્રીનકાર્ડ આપવાની ટોચમર્યાદા હતી, તે હટાવીને બાકી ગ્રીનકાર્ડનો જે ભરાવો થયેલ છે, તે દૂર થઈ શકે.

    આ ખરડો એસ. ૩૮૬, કેંટકી રાજ્યના રિપબ્લિકન પક્ષના સેનેટર રેન્ડ પૌલ દ્વારા સ્થગિત કરાયેલ છે. કારણકે એમણે આ એસ. ૩૮૬ નો હરીફ કહી શકાય એવો ખરડો લાવીને મુક્યો છે, જેમાં આરોગ્યલક્ષી સેવા આપનારા કર્મચારીઓ માટે વિઝા ઉપલબ્ધ થાય.

    આ નવી પિટિશન અજ્ઞાત કહી શકાય એવા ડી.કે. નામના વ્યક્તિએ ૨૧ સપ્ટેમ્બરના રોજ શરૂ કરેલ છે. જેથી આ ખરડો પસાર થાય… એવા લોકોને માટે કે જે દસકાઓથી ગ્રીનકાર્ડની રાહ જોતાજોતાં કાયદેસર વસાહતી તરીકે રહી રહ્યાં છે, અને સ્થાનિક સમાજને યોગદાન આપી રહ્યાં છે, સોશિયલ સિક્યોરિટી અને મેડીકેરમાં પણ આર્થિક સહયોગ આપી રહ્યા છે.

    વર્તમાન ખખડધજ ઈમિગ્રેશન નીતિના કારણે અમેરિકાનું નાગરિકત્વ ધરાવતા કેટલાયે બાળકો તેમના માબાપથી છુટા પડી શકે છે. કેમ કે ગ્રીનકાર્ડ વિહોણા માબાપને અમેરિકામાંથી દબાણપૂર્વક બહાર નીકળવું પડી શકે છે. ઉપરાંત એવા બાળકો કે જે અમેરિકામાં નથી જન્મ્યા પરંતુ ગ્રીનકાર્ડની રાહ જોતા માબાપ સાથે અહીં રહી રહ્યા છે. એમને પણ પુખ્ત ઉમર થઈ જવાના કારણે અમેરિકા દેશની બહાર નીકળવું.પડી શકે છે.

    પિટિશનની દલીલ એ છે કે, આ અચોક્કસતાને કારણે સંબંધિત વ્યક્તિ એ સામાજિક સુરક્ષાનાં બંધનથી વિખૂટો પડી શકે છે, કે જેના માટે એણે દાયકાઓ સુધી યોગદાન આપ્યું. જીવનના મહત્વપૂર્ણ/અગત્યના નિર્ણયો લેવામાથી પણ તે પાછળ રહી જાય છે.

    પિટિશન એમ પણ કહે છે કે, આ અન્યાયી મર્યાદાને કારણે સમાન કુશળતા ધરાવનાર કર્મચારીઓનાં જીવનની ફલશ્રુતિ એક્દમ ભિન્ન ભિન્ન આવી શકે છે. એવી અનૈતિક કહી શકાય એવી આ બાબતને આ ખરડો સુધારી શકશે. ઉપરાંત ભવિષ્યમાં કોઈ પણ અરજદાર કાયમી વસાહત (ગ્રીનકાર્ડ) ની અરજી કરે, એ માર્ગ પણ ખુલો રાખી શકાશે.

    જો આ ખરડો.પસાર થાય તો, EB2 કે EB3 કક્ષામાં આવતા ભારતીય કે ચીની મૂળના જે કુશળ કર્મચારી છે, એવા અરજદારો જે નિયમિત કર પણ ભરે છે… એમની તારીખ તરત સપ્ટેમ્બર ૨૦૧૪ સુધી આવી જશે. કે જે હાલ ૨૦૧૦ ની આસપાસ અટવાયેલી છે.

    રિપોર્ટ એમ પણ કહે છે કે…. સેનેટર માઇક લી અને કમલા હેરિસ બંને સેનેટર, સેનેટર રેન્ડ પોલ સાથે વ્યાજબી સમાધાન થાય એ અર્થે વાટાઘાટો.કરી રહ્યા છે. કેટકી રાજ્યના રિપબ્લિકન એસ. ૩૮૬ ને સ્થગિત કરવામાંથી એક શરતે પાછા હટી રહ્યા છે. શેડ્યુલ એ કે જેમાં આરોગ્યલક્ષી સેવા આપતા કર્મચારીઓ શામેલ છે, એમના માટે ૫૦૦૦ ગ્રીનકાર્ડની નિયત જોગવાઈ રાખવામાં આવે.

    આ નિયત જોગવાઈ આગામી ૯ વર્ષ સુધી લાગુ રહેશે. આ ગાળામાં ભારતીય અને ચીની મૂળના નાગરિકોની ગ્રીનકાર્ડની અરજીનો જે ભરાવો થઈ પડેલ છે, તેનો પણ નિકાલ થઇ જશે.

    આ પિટિશન વ્હાઇટ હાઉસની વેબસાઈટ પર મુકાઈ ચુકી છે. જે સત્તાધારીઓના લક્ષમાં લેવાય એ માટે એને લઘુત્તમ ૧૦૦૦૦૦ સહીની જરૂર છે.

    (અનુવાદક: વિશાલ શાહ. 708-691-3876
    Disclaimer: આ અનુવાદમાં રહી ગયેલ કોઈ પણ ક્ષતિ કે ગેરસમજણ બાબતે અનુવાદક જવાબદાર નથી. કોઈ પણ કાયદાકીય નિર્ણય લેતા પહેલા સંબંધિત ક્ષેત્રના તજજ્ઞનો સંપર્ક જરૂર કરવો.
    )

  6. Stop H1B/H4 Abouse by Indians. Hire Americans first.

  7. Just rescind the green card and priority date from the Indian people who abuses h1b. Everybody do not wait that long.

    • Can’t agree with you more.
      Abuses of H1B is not only hurting people from other countries who are only submit one H1B application at once, also hurting people from Indian, like many physicians, who are not hired by outsourcing companies.

  8. First of all, no one mentioned about currently H1b system, which is dominated by Indians (over 90%). This is due to Indian outsourcing companies (Infosys for example). Many candidates reside in India and don’t even have a US degree (some file multiple petitions), which caused a large amount of candidates waiting for Green Card. This hurts not just people from other counties, but also Indian people who fight hard to get a H1B vsia. Abuse of H1b system by Indian companies should be blamed for this. Secondly, the bill will definitely hurt the diversity of US workers and the average waiting time will go much longer (over 10 years) for other candidates. Most Indian candidates are in Tech industry, which mean candidates from other industries (healthcare, manufacturing, biotech, etc) will be impacted dramatically. This bill will do harm to other candidates without fixing the root cause. Last but not least, without increasing the green card cap for all countries, the bill is actually not in pursuit for fairness. In fact, the # of green cards given to Indians every year is much more than other countries. Removing the country cap won’t solve the issue. We either increase the GC cap or move toward to a merit-based GC system is the right path to go. Let me know your thoughts, I am ready to answer any questions.

  9. Neither this bill nor the old one is ever fair. Fairness is not giving everyone a equal share, but fairness is giving each one what he or she needs. In this case, bill should be revised to increase the ratio of allotment of visas as per the country’s representation or number of people wanting to enter the U.S. Every country should enjoy the number of visas proportional to the number of people, meeting the requirements of this country. There should be no special privileges given to a country for a just because there are more number of applicants from a particular country. Fairness is applying the law equally after making the necessary changes.

    No human being is superior to another when it is a question of entry into this great nation. The government must act in fixing the illegal immigration as well as fix the legal immigration fairly. I do recognize that there are no silver bullets, but a fair system helps.

    • Well you earn employment based green card based on your caliber; country of birth shouldn’t matter. Civil rights apply to employment and should apply to immigration rules too.

  10. Guys, This is not only for India, they are removing the discrimination. And read the Bill carefully, from more than 10 years people are waiting by paying taxes.
    Worry about
    1. illegal migration
    2. check on Terrorism
    3. check on what is the contribution to US technology industries from H1
    4. Check what taxes are paid in every payslip of H1 guys

  11. People opposing #S386 should ask for per country limit when issuing new H1B visas year after year.

    Do you know why there is no country limit for new H1B visas? Because this country needs to import tech labor year after year.
    Then why per country limit to issue green cards for same tech labor waiting in line for years?

    Hr1044, Hr392, S386….Bill name and number may change but a rule making will come in the future to change the current high skilled immigration rules.

  12. This change and bill is not only Fair but also overdue and critical at this time.
    Many highly qualified physicians and PhD holders, who are contributing positively to the economy and have been here over a decade, have been paying their share of taxes, have seen people from other countries get green cards soon after their graduations, while the physicians from India even though highly qualified and super specialized have no clear path for citizenship.
    What is really unfair is that the politicians talk about providing a path for citizenship for illegal immigrants who are over 11 million as compared to a very small amount of H1B holders which is about 300,000.
    What is really unfair is that the employment based migration is a very small percentage of the total immigration every year, and still what is shown on the media is that H1B holders are taking the job of qualified Americans. This is false information.
    Most of the immigration is bringing unqualified and people who depend on the social system for Medicaid and food stamps and other perks without contributing at all to the community or the economy.
    H1B holders that are waiting for the green card for over a decade or only a small amount of people as compared to the total immigration that is happening.
    It is high time that Justice was provided to these very highly skilled professionals.
    Thank you for reading.

  13. Most people don’t understand this and just causing more of a divide.

    Think eb5 Chinese investors invested 500k to get green card has to wait 15+ yrs plus chance to lose money.

    They aren’t passing a bill to give them a increase speed in line because that would affect every other nation.

    If they pass a bill to increase visas for all backlog countries for every visa type then everyone would be for it

    The way the bill is getting push is to divide the two larges population of h1b holders.

    I’m a citizen so I could care less but think about t.

    If you are complaining about waiting ten plus yrs so are most Chinese h1b holders that apply today. Especially if this bill passed. Then you are looking at 10+ yrs of wait.

  14. Everyone who works for the country with best efforts needs to given fair chance irrespective of Origin. This country is built on planning and the People working hard for the country been waiting for more than 10 years dont know whats their plan is sad and unacceptable. Country should think to keep the best talent working hard for the country paying taxes legally, rather than picking someone from the lottery. We all need to support this bill.

    • Do you think this bill will fix the issue of backlog? Currently the no. of people wanting to get GC from India is far more than rest of world combined by number of times? This bill only addresses to the people waiting since 10 yrs not every Indian, not an Indian who has recently started GC process. Do simple math, you will realize the situation will be same after passing bill with only one difference along with Indians everyone will be waiting 10+ years. Does it matter if wait current wait time of 30 years for Indians is reduced to 15 for everyone? Its still long time. This bill doesn’t address long issue for long term. This bill will only create division among people and help jealous people who think if we are waiting then everybody should wait.

  15. The big number of backlog applicants from certain country is very possible because when they applied H1B, multiple applications were submitted – which is unlawful- just to avoid the risk not hitting the lottery and get H1B. It is very easy to find out the fact people from certain country are not the biggest population of students in US, but take more than half of H1B visa, isn’t it odd. On the other hand Green card applicants from other countries already faced the very unfair situation once. Now, they are not responsible for the result of abusing of H1B. S386 is not fairness act at all.

    • It seems that you have no idea about how H1b & GC applications work and your comment is totally based on your assumption. First thing, you can assume and generalize things based on your mere imagination. Secondly, Employment based GC backlog was caused by 7% country CAP, which totally ignored the fact that most IT resources are from India & China, so how it can be broken down based on country. This ignorance leads to this critical issue and in order to fix this, going forward Employment based GC should be based on Talent, Education, Experience and skillset.
      People in backlog are not new H1b applicants, they are already contibuting to the USA economy from years and leaving a painful life in return. This thing needs to be changed.

  16. I am Chinese and I support S.386. The current employment-based immigration system is clearly a discrimination based on applicants’ origins. How do you justify letting your Indian colleague wait for thirty years or longer to get a green card while you only need to wait for three years or less? You went to the same school, work at the same place and earn the same amount of money. The only difference is that you two are from two different countries and that’s it. If Indians are going to get most of the employment-based green cards for the next ten years, so be it! That is simply because this country’s broken immigration system owe them too much. It is now the time to bring the justice back to them that has been long overdue!

    • Are you kidding me? 30 Years? Are you from a different planet?
      Seriously doubt that you are Chinese, in fact you are an uneducated Indian.

      • My apologies, Tony. I just did a quick research on Internet and found out that I was wrong – it was not 30 years wait time for Indians; it is 20 years on average and 150 years at the worst. See below.
        https://www.cato.org/blog/150-year-wait-indian-immigrants-advanced-degrees
        https://www.am22tech.com/eb2-india-predictions/

        Regarding your questioning my nationality, I am Chinese and I believe that the best way to prove it is to greet you with Chinese: 你个煞笔只知道谋求自己的利益,置公平和道义都不顾,到网络上就只会攻击别人的动机和身份。我都不怀疑你是不是中国人了,在我看来,你根本枉称为人。

      • Man its not 30 Years, the current green card applicant may have to wait for 72 to 150 Yeas. yes 75 to 150 years.
        do the maths. here everyone is saying that indians are abusing the H1B lottery system, but the fact is you are not allowed to apply for H1B more than once at the same time. also there is a change pending for selection of H1B candidate based on their qualification.
        Even now, after getting approved H1B it is very difficult to get visa stamping due to strict Councillor interviews. they can reject any visa without telling proper reason.
        People living in USA for more than decade getting their visa renewal rejected due to minor mistakes.
        the administration making it difficult to live in USA without permanent residency. After every three years you have to face the limbo whether you need to sell everything that you have and leave the country within 7 days if your visa is rejected. And people like me who are migrated to usa more than 15 years back still waiting to get our permanent residency visa.
        is it really fair…….

    • Are you a eb-5 holder or are you waiting for your eb-5 approval? If not the case, i don’t see any reasons why you are supporting the bill. Ridiculous.

  17. I am Chinese and I oppose to S386. This bill gives all green cards to India in the future 10 years. Diversity is in peril, and American citizens will lose their jobs.

    • Its about equality. People waiting for green card since 10 years. You are not understanding what problems they are facing.

    • Exactly! this bill is nothing but FAIR! will benefit one country (India) over 149 other countries. How is this fair?

    • Chinese are talking about diversity now…rofl

    • its not about India or China, its about having the best talent. Of course by law of averages the countries with the most population will have high number of talented people. Don’t you want the best talent in US?

    • Nirmal Mangal

      There is something called Diversity Visa Lottery for diversity purpose. Immigration based green card is purely based on skills.

    • MALLIKHARJUNA VEMULA

      These h1b holders who is going ti get green cards are already in jobs in usa. They are not taking any new jobs from anyone. Like we have cuntry quota in employment based greencards we might have cuntry quota on employment based visas to justice every cuntry in the planed to do justice.
      In reality it is not possible. A populated cuntry produces more talented people than a small cuntry with less populated.
      The senate and house will not pass the Bill if there is no use of passing bill to their citizens.
      I hope the bill will pass and bring justice to all.

  18. A petition on white house website is news? Who reads these petitions?

    • unless you don’t care about a particular country takes up almost all green card quota for the next ten years if the bill passes

      • Hi Robert, Did you even read the bill ?
        This bill is NOT giving Greencards for Indians.
        This is for those who have approved I 140 and waiting in line for past 10+ years.
        Imagine, Employee B comes today applies GC, he gets it in less than 6 months and Employee A with same qualification applies GC and have to wait 70+ years just because he was born in a different coordinate makes no sense.
        Bill in current format does not disturb any inflight applications, and next few years will have a max of 80% to clear backlog. I personally am in this great country for 13+ years LEGALLY paying taxes and doing everything as per law with uncertain future for my lifetime.
        Please consider urself as Employee A for a moment and fill ur thoughts.
        Even if this bill passess, it would take another 5-6 years to get my GC.

        A highly skilled employee with Masters in US,6 digit salary, fortune 500 co would have to wait 70 years to get a GC. Think about it.

        Good luck to u buddy.

        • You know why this situation will happen? Because ICC, those consulting companies outsourced the jobs to local Indians, who abused H1B system. I think the top Indians students who can come to US for study and get jobs here are also victims because of that. Unless the current H1B system/outsourcing is reformed, this bill will encourage more and more “illegal” skilled employees to come to US. Should people from other countries pay the debt for Indians? No. If the bill is so fair as you claimed, why does Mike Lee want to pass it in UC quickly and secretly? Public hearing! When more and more people join the discussion, the result will come naturally.

      • well, if you don’t care for the ‘best’ to immigrate, have a quota systems. A poorly educated Doctor will get to immigrate Vs. a highly capable Doctor because of quotas per country. If you are ok with it, I don’t have much to say.

        A country becomes great because of the people and you want to have and be the best!

      • This won’t only affect legal employment based immigration for EVERY country other than India, but it will affect our dreamers, foreign investors, and foreign students. It will also affect us USC seeking employment. It will take a negative toll in our economy if we lose foreign business.

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