Guide to U.S. Immigration Bill S-386

Are you looking for a way to get a Green Card? Have you been waiting for visas to become available? Despite the current immigration law turmoil brought on by the Trump administration, there might be some optimistic news for you.

Have you heard about the S-386 Bill amendment added by Senator Grassley? It’s currently on hold, but if passed will have a massive effect on the lives of immigrants trying to get a Green Card. Here you can find some information on this possibly dramatic change in U.S. immigration law.

What is S-386?

So what exactly is S-386? It is an amendment added by Senator Grassley asking for certain changes to U.S. immigration law with specific reference to the number of immigrants allowed per country per year. It is also called the Fairness for Highly Skilled Immigrants Act amendment (S-386).

Two groups of immigrants will benefit from this amendment if passed by congress. The number of immigrants moving to the U.S. from China and India have been regulated heavily by immigration caps. Currently, only a limited number of people may immigrate to the U.S. from either China or India on an annual basis. That cap will increase as soon as the bill is passed by congress and immigrants from China and India may have a greater chance of getting a Green Card.

Secondly, foreign family members of employment-based Green Card holders in the U.S. may have a better chance of gaining a Green Card. The restrictions placed on these types of applications have been lowered and would allow more family members of Green Card holders a better chance of getting a Green Card.

Perhaps you already heard about something called HR 1044? It is closely related to S-386 but has some distinct differences. Let’s have a look at them.

What’s the Difference Between S-386 and HR 1044

Bill HR 1044 is the old bill containing literature regarding the regulation of the number of immigrants allowed per country per year. Politicians have had some issues with the regulations in this bill and have called for amendments. Senators have deliberated about this matter and drew up Bill S-386 to amend the situation. Bill HR 1044 is the old one. It seems for now, that the language used in Bill S-386 is used to make amendments to Bill HR 1044. Both these Bills have roughly the same goal, but Bill HR 1044 has the most amendments to it and will most likely be the one going forward. It was after all passed by the House of Representatives in 2019.

The enacting of these laws has a widespread impact on the U.S. and therefore requires more regulation. To help clarify these amendments we’ll discuss some more details which will help to explain what changes it will enforce if passed.

Key Points of S-836

Bill S-386 has some key points which help to articulate its purposes. The points that follow will help explain how the Bill will change immigrants’ and American lives if passed. It will have an effect on how people apply for Green Cards and possibly naturalization (Application for Citizenship).

ROW Gains 5.75% of Reserved Green Cards

The HR 1044 Bill took away the immigration caps on countries like China and India with vast numbers of applicants. The ROW (Rest of World) immigrants need to be protected so that applicants from a few countries (with a higher volume of applicants) won’t take up all the available visas. They then gain an allocation of 5.75% of the annually reserved Green Cards to go specifically to ROW immigrants.

This amendment has a transition period that governs the number of immigrants allowed per year. It changes from 2021 through to 2029. In a special amendment, during the years 2020 to 2026, 4,400 Green Cards are reserved for Nurses and Physical Therapists.

H1B Visa Reform

The government wants to protect the job market and provide enough opportunities for U.S. citizens and residents. Therefore, companies that have more than 50 H1B visa employees who do more than 50% of their work won’t be allowed to sponsor anymore H1B visa employees. They may not even take on H1B visa employees who transfer from another type of U.S. visa. It may also stop H1B visa extensions if the company is beyond their H1B visa cap as determined by the Bill amendment.

File I-485 Regardless of When Your Priority Date is Current

The amendment also allows immigrants to file a Form I-485 regardless of whether their Priority Date (the date that determines whether their visa application is in processing) is current. This may only happen if their Form I-140 is approved or pending for more than 270 calendar days. This gives immigrants a wonderful opportunity to possibly work in the U.S. since they are allowed to file an I-485 EAD (Employment Authorization Document) application with their I-485.

I-485 EAD Cards Will Last for 3 Years

The I-485 EAD cards issued in such an instance will last for 3 years. Holders of these cards may change employers easily and could even travel abroad and return if they have Advance Parole. EAD beneficiaries may extend their EAD status after 3 years. Please note your I-485 and EAD application must contain a written job offer and signed confirmation from your employer that all US employees in your geographical area have the same employment terms and conditions.

“Do No Harm” Clause

People who already have an approved I-140 will get their Green Cards first. This creates a kind of incentive to choose premium processing for I-140 application. This clause will also hold up for people who apply from countries other than China and India. This means a Non-Chinese or Non-Indian who files before the passing of this bill will receive their Green Cards first. Anyone who files after the bill passes has to comply with the new rules.

Dependent Status Protection for H4

H1B dependents like H4 visa holders are directly dependent on the status of their primary visa beneficiaries. In some cases, this may cause some distress. For instance, H4 visa holders have to move back to their country of birth if their primary H1B visa holder passes away. However, in the new amendment, H4 visa holders may be allowed to remain in the U.S. without fear of deportation. Which may possibly lead to adjustment of status if you are eligible.

No Increase in the Number of Green Cards

Congress has opposing views regarding the number of new Green Cards per year. Senator Durbin has asked for that number to increase and found some opposition from Senator Mike Lee saying it’s not possible in the near future. The number of Green Cards allowed per year won’t increase.

How Dependents of CG Applicants Are Counted Will Not Change

The USCIS (U.S. Citizenship and Immigration Services) does not change the way they count Green Card applicants’ dependents. Each dependent has to file a separate Green Card application. The family of an I-140 applicant won’t be counted as a whole. Each dependent has to have a unique Green Card application.

Green Cards to be Issued Only When Priority Date is Current

The USCIS follows a system that queues Green Card applications. You receive a Priority Date (PD) the day your application is received by them. Your PD is basically your place in the queue. The current practice remains, in that you will get your Green Card only when your PD is current (when it’s your turn in the queue).

Quota for Family-Based Green Cards

The current family-based per country visa restrictions are at 7%. This number will rise to 15% if the bill passes. This means a quota of 15% of all Green Card applications allowed (annually) may come from one single country in the family-based visa category. This may give some hope to Green Card applicants who want to relocate their eligible family members from abroad to the U.S. The likelihood of an available visa would double if the bill passes.

Conclusion

These are some interesting times, especially if you’re an immigrant who depends on the immigration law of this country. The current Bill HR 1044 has some proposed amendments in Bill S-386 Fairness for Highly Skilled Immigrants Act amendment as delivered by the Senate.

Bill S-386 is yet to be passed by the House of Representatives and only then may it go to the President. The President then has to sign off on this amendment before it could be enforced by law.

Bill S-386 has had a key influence on the language in Bill HR 1044 which has already had many amendments of its own. The fate of Bill S-386 is yet to be decided by the House and the President respectively. Use the information provided above to decide how it will affect your immigration efforts. It may protect your rights, it may improve your likelihood of getting a Green Card, or it protects you as an American citizen by protecting the job market you take part in. We can only wait and see how this plays out in the U.S. political arena.

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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