Immigration Legislation Update

 
Despite great optimism and bipartisan support in the House, the Fairness for High Skilled Immigrants Act has stalled in Senate after being placed on hold by Senator Chuck Grassley of Iowa, a long-time critic of any expansion of U.S. immigration.  Senator Grassley has offered an amendment to the bill in exchange for releasing his hold, but his proposed changes are so dramatic that it seems unlikely the bill will continue.  For example, he would require eliminating the family per-county limit increase and reducing the employment based per-country limit to 15%, along with complete elimination of the diversity visa program.  Several senators are working to reach a compromise with Senator Grassley, but it is very possible the bill has died in the Senate and will not become law.
 
In the meantime, at least one new immigration bill is in the works.  Last week Senator Michael Bennet of Colorado introduced Senate bill 1986, which would create a new permanent residency category for foreign students pursuing advanced degrees in science, technology, engineering and mathematics (STEM).  The new category would simplify the current administrative process which requires expensive employer sponsorship, and allow STEM students to stay and work after their studies are completed.  The STEM Visa Act of 2011 encourages high-skilled immigrants to remain in the U.S. for their careers, noting that over half of the STEM graduates in the U.S. are foreign students, and the U.S. STEM industry as a whole needs more qualified workers.  The bill also contains separate provisions to target undocumented students who would have been eligible under the DREAM act, allowing some to apply for temporary student visas.
 
Almost concurrently, Rep. Schiff of Colorado and Rep. Bass of New Hampshire introduced a similar bill in the House.  The INVEST Act, like Senator Bennet’s bill, is aimed at keeping STEM graduates and potential entrepreneurs in the U.S., where they can open and operate businesses that further U.S. competitiveness in this area.  The Act takes a different approach, requiring STEM graduates to start a new business relevant to the area of study, create at least two new jobs or invest $200,000 after two years, and create five jobs or invest $500,000 within five years.  
 
 
December 8, 2011, Senators Moran of Kansas and Warner of Virginia introduced the Startup Act.  While aimed generally at U.S. job creation through business growth, the bill contains provisions to directly benefit foreign STEM graduates.  Specifically, the bill would allow conditional permanent residence to up to 50,000 foreign nationals who have earned advanced STEM degrees, as well as the issuance of a conditional immigrant visa to up to 75,000 foreign national entrepreneurs.  The details of these provisions are unclear, and Senator Moran’s track record for bringing proposals that become law is bleak.  However, these bipartisan bills indicate a trend in Congress that will hopefully converge in both houses and bring change to skilled immigrants.
 
 
Also introduced in the Senate, but aimed instead at foreign physicians who study and practice in the U.S., the Conrad State 30 Improvement Act would increase the number of physician waivers available, as well as giving those who are in H-1B status up to 120 days of lawful status to begin a new job after being terminated.  This is a reintroduction of a previous bill that failed to proceed in the last session of Congress.  Notably, this is cosponsored by Senator Moran of Kansas, who is also involved with Senator Moran’s STEM bill, along with Senator Conrad of North Dakota.