HR 1044: Everything You Need to Know

If you’ve been in the United States long enough on a visa, you will know that the process of getting a green card is not exactly quite easy – particularly if there are many people coming from your country. This is why you have to take a closer look at the per-country numerical cap, which is an important part of determining exactly how fast you will be getting your green card.

However, this limitation prevents many people from getting their green cards on time. Many petitions were made to remove these country caps for employment visas and green cards. But nothing actually got through the Senate and the US House – an action that would send it directly to the president to sign it.

Ultimately, these same efforts for the cause were taken again in 2019. The HR 1044 Bill in House took its first shape at the 116^th Congress – an attempt to remove the per-country limitations for worker green card applications. You may learn more about this subject along with the status that it is currently in by reading our article.

What Is HR 1044?

HR 1044, also referred to as the “Fairness for High-Skilled Immigrants Act of 2019,” has the aim of amending the Immigration and nationality act – eliminating the per-country numerical limit for those working in the United States on an L or an H1B visa. In fact, the HR 1044 is a brand new updated version of the HR 392 of 2017.

To put it simply, the HR 1044 aims to increase the numerical limitation per country in regards to family-sponsored immigrants. However, before it can actually turn into a law and lead to some significant changes into the lives of people, it has to pass through the following steps:

1. Introduction
2. US House
3. Senate
4. President

Once it passes by the president and they sign it, a bill can officially become part of the law. This is exactly what the HR 1044 has to pass through so that the people can obtain their naturalization.

Who Does HR 1044 Affect?

The HR 1044 affects pretty much everyone that wants to enter the United States on an L or H1B visa – but are prevented from doing do by the per-country cap. Its aim is to raise the limit for immigrants on a family visa from 7% to 15% while completely removing the per-country cap on worker-based green cards. So, it will particularly affect the workers of Indian or Chinese origin that are working in the United States on a visa, but also those coming from different minor countries. Depending on the countries they may be coming from, their waiting time might be either decreased or increased.  

HR 1044 Key Points

The HE 1044 may be quite difficult to understand for some people without any prior knowledge in law matters, which is why you may want to read more into its key points below. Its details will make it much easier for you to understand exactly what the HR 1044 bill entails.

Remove Limit for Per County Employment-Based Petitions

This is perhaps the most important aspect of this bill. Every year, hundreds of thousands of people are petitioning to get an employment-based green card, going through all the processing steps – but today, we still have a 7% limit per country – meaning that only 7% of those people could get their hands on a green card.

This might not be a problem for countries with a big population (such as India, with its 1.339 billion population), but it might seem quite unfair for countries that have a smaller population (such as Iceland, with its 338,000 population). The 7% for Iceland would come nowhere close to the 7% allocated for India. When you think of it, it makes sense of why there are currently so many Indian people working on a Visa in the USA, and so few from the other countries.

The main reason for this bill is that people should not have a per-country limit for their employment-based visa, as it is seen as discrimination by their nationality origin. The core green card should have nothing to do with where they came from, but with their skills and their ability to work.

Increase Limit for Per County Family-Sponsored Petitions

Aside from the limit removal for the employment-based visa, this bill also aims to increase the limit of green cards that were sponsored by families. Currently, the limit is at 7% – but the bill aims to bring the numbers at 15%.

Transition Rules for Employment-Based Petitions (2020-22)

In order to improve the transition and prevent the two major countries (China and India) take up everything, a few rules have been established based on every fiscal year:

• From October 2019 until September 2020: A total of 15% of employment-based green cards would be given to the immigrants from smaller states (such as China and India). In other words, 15% of those green cards are for the other countries, whereas 85% are given to the bigger countries (i.e. China and India).
• Between October 2020 and September 2021: 10% of the worker-based greed cards would be reserved for immigrants of smaller countries, whereas 90% would be given to the bigger ones (e.g. China and India).
• Between October 2021 and September 2022: immigrants from the rest of the countries will receive 10% of the employment-based visas. On the other hand, 90% will be given to those coming from foreign countries such as India or China.
• Starting October 2022: There won’t be reservations for the non-major foreign states, as the visas will be given on a first-come, first-serve basis.

Transition Rules for Employment-Based Per Country Levels (2020-22)

To make the transition level easier and fair for every country, a set of rules has been created in this regard as well:

• Unreserved Visas: No more than 85% (or 90%, depending on the fiscal year) of the green cards may be taken by a single country, as it is the maximum quota for visas of this kind.
• Reserved Visa: Any country that is not part of the list of major countries (unlike India or China), may not take more than the 25% allocated for green cards.
• The Rule for the Prevention of Unused Visas: During the transition period going from 2020 to 2011, if there are any leftover visas (reserved or unreserved), they will be given to those that are still remaining in line without the application of these restrictions.

Transition Rules for Current Approved Beneficiaries in Line

Waiting on a green card is indeed quite stressful. Therefore, to prevent the harm on anyone that is also waiting for a green card, they added a clause. This clause specifies that if you are already on the waitlist to receive a green card, approved I-140 and all, then you would have the same waiting time, if not shorter, after the bill has come to pass.

The purpose of this clause is to not negatively affect those that have already applied for a green card or an adjustment of status and are waiting in line with an already-decided priority date. The goal here is to prevent someone that is applying today for the I-140 to get ahead of the line, in front of someone that has applied way back, before this new rule had come to a pass.

HR 1044 Timeline

Before it reached to stage that it is today, the HR 1044 bill also passed through a few crucial steps – among which are included:

July 2019

• 10/07/2019: The HR 1044 passed the US House with a majority of 365 votes for and 65 against.
• 11/07/2019: Once it got past the US House, it was now received by the Senate, after which it was sent to the Senate Judiciary Committee.

September 2019

• 17/09/2017: Two unofficial reports occur, one on the status of the bill and an update from Immigration voice. The bill was done with Senate Amendment 939, and Senator Paul agreed with the removal of the hold that was placed on the bill
• 18/09/2019: The text related to the HR 1044 bill had received an update within the congressional record.
• 19/09/2019: The HR1044 was officially taken to the Senate Floor by Senator Lee, for unanimous consent through vote. The main objector was Georgia’s Senator David Perdue, who claimed the bill wasn’t clear enough. The proposal was placed on a halt until modifications were made.
• 25/09/2019: Senator Lee made the necessary modifications and came to an agreement with Senator Perdue. Sen. Lee believes that he also has to discuss with Sen. Dick Durbin before he presented the bill once more to the Senate Floor.
• 26/09/2019: The HR 1044 did not get brought to the Senate Floor as it was expected. While there were no clear specifications, it was believed that Lee’s talk to Dirk Durbin led to further modifications.

October 2019

• 04/10/2019: More groups of people express their concern in regards to the new bill of law. Irish people began sending letters to Sen. Durbin, claiming the law was unfair to them. Check this article here on IrishEcho.
• 10/10/2019: An organized walk occurs in attempts to express the importance of the bill. Around 5000 people attended this walk, most of them being skilled workers from India.
• 15/10/2019: More than 50 business schools send letters to President Trump, as well as the other lawmakers, to highlight the need for per-country cap removal. They wish to modernize the H1B programs so that they don’t lose their talents. On the same day, Attorney Charles Kuck makes a tweet that a Unanimous Consent Motion might occur to release the S.386 / HR 1044 from its hold.
• 16/10/2019: Sen. Durbin introduced the RELIEF Act (Resolving Extended Limbo for Immigrant Employees and Families) as an alternative to the HR 1044, having nearly the same purposes (lifting country caps, removing backlog, etc.)
• 17/10/2019: The HR 1044 is once more presented on the Senate Floor, asking for Unanimous Consent. Once again, it is objected to by Senator Durbin.
• 24/10/2019: The bill was briefly brought up during a Senate meeting, indicating that Sen. Durbin had concerns in regards to the immigration bill. No actual actions were taken, but it was mentioned that the members of the committee should sort out their differences.
• 30/10/2020: Sen. Durbin asks for consent for the S.2630, the alternative for the HR 1044, but it receives an objection from Sen. John Thune, voting on behalf of Sen. Lee.

November 2019

• 31/11/2019: Sen. Lee spoke about the importance of this bill and insisted on the fact that it needed no further changes. He asked for no unanimous consent but specified that he would discuss Sen. Durbin.
• 06/11/2019: Senator Durbin once more presents his case on the Senate Floor, asking for unanimous consent – and is blocked once more, this time by North Carolina’s Senator Thom Hills. He suggests that Durbin should work together with Senator Lee.

December 2019

• 12/12/2019: Reports claiming that Senator Mike Rounds from South Dakota would object to the S386 bill came to pass. The reason behind the objection was the concern that it would impact the dairy farmers, as well as many of the immigrants not coming from the major countries.
• 17/12/2019: Senator Lee and Senator Durbin came to an agreement in regards to the HR.1044 / S386 draft. The document had 31 pages. Around the same date, there were several S386 billboard trucks that were supporting Senator Durbin in his attempts to stop the S386 / HR.1044.

Updates are still appearing to this day, and it’s likely going to be some time until it comes to a conclusion. This is why you might want to keep an eye on the updates, to see where you stand on getting your new Trump green card.

Final Thoughts

The HR1044 is the source of various controversial talks. Many people are supporting it, and many people are also opposing it. We cannot exactly say what the result will be – but regardless, if it passes, it might change the way in which visas are given. This is why you might want to keep an eye on the bill status, to see how soon you’ll be able to get your visa.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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