Will Cap-Subject Employers Finally Get More H-1B Visas For Skilled Professionals?

Maggio Kattar

Is Congress really thinking of increasing the number of H-1B specialty occupation visas available to U.S. companies? It appears to be true! A bipartisan group of Senators – Senators Hatch (R-UT), Klobuchar (D-MN), Rubio (R-FL), Coons (D-DE), Flake (R-AZ), and Blumenthal (D-CT) – have introduced the Immigration Innovation Act of 2015 (S. 153), also known as the “I-Squared Act of 2015”.

I-Squared proposes to provide very important reforms for high-skilled immigration, including the following:

Nonimmigrant Provisions

  1. H-1B cap increase from 65,000 to 115,000 with the option to go up to as high as 195,000 or down to as low as 115,000 based on actual market demand and specific guidance set forth in the Act
  2. Removes the 20,000 cap that has been in existence for the U.S. advanced degree H-1Bs
  3. H-4 dependents of H-1B holders may apply for a work permit to work in the U.S.
  4. Provides for a 60-day grace period following termination of an H-1B worker’s status to provide time for an employer to file a petition to extend, change, or adjust the H-1B worker’s status
  5. Permits foreign nationals to renew an E, H, L, O or P nonimmigrant visa within the U.S. if the individual remains eligible for such status
  6. Provides for “dual intent” for foreign students at U.S. colleges and universities so that they are not penalized fro wanting to remain in the U.S. following completion of their degree

Immigrant (Green Card) Provisions

  1. Allows for the recapture of green card numbers that were approved by Congress in prior years but were not used, and continues to permit this recapture going forward
  2. Exempts dependents of employment-based immigrant visa recipients, U.S. STEM advanced degree holders, persons with extraordinary ability, and outstanding professors and researchers from the employment-based green card

Quota system

  1. Eliminates annual per-country limits for employment-based visa petitioners and adjusts per-country caps for family-based immigrant visas
  2. Creates a grant program using funds from new fees added to the H-1B visa petitions and employment-based green cards to promote STEM education and worker training

What does I-Squared Act mean for employers and foreign nationals? It means a greater opportunity to obtain an H-1B visa to temporarily work in the United States. It also will help reduce and/or eliminate the current green card backlog that has restricted so many employers and foreign nationals for several years.

We will provide updates as they become available from Congress. In the meantime, please do not hesitate to contact Maggio Kattar if you have any questions.