www.NoHR1044.com and www.NoS386.com Multinational Coalition Against H.R. 1044/ S. 386 - Fact Sheet
THERE IS NO DISCRIMINATION IN EB GC CARD DISTRIBUTION DUE TO SPILLOVER!
According to the Yearbook of Immigration Statistics, Indian Nationals receive 17-20% of Employment Based Green Cards (EB GC) every year due to spillover from other countries that underutilize the program. This percentage is proportional to their worldwide population, and much higher than their 7% country cap!
REASON FOR THE GC BACKLOG?
The reason that a GC backlog exists for people from India, and not from other countries, is largely because US-based IT firms have historically dominated the H1B program by flooding the program with filings on behalf of Indian nationals. Indian nationals receive approximately 75% of H1B’s annually. The sheer volume of H1B visas allocated solely to one country eventually flows into the EB GC process, resulting in about 55-60% PERM Labor Certifications (Stage 1 of the GC Process) filings annually going to Indian nationals. These statistics are clear discrimination against other countries.
NATIONALS FROM THE REST OF THE WORLD ARE MOSTLY SHUT OUT!
Indian nationals constitute about 17% of the world’s population & about 17% of the international students; but at the same time, they receive about 75% of H1B visas AND 55-60% of PERM Labor Filings. Effectively, Indian nationals DOMINATE the H1B & PERM Labor Certification process, essentially crowding out foreign nationals from 190+ other countries! The 7% country caps is the only measure curtailing the absolute monopolization of the EB Green Cards by India.
WHAT DOES HR1044/S386 ACTUALLY DO?
HR1044/S386 seeks to reallocate nearly all the EB GC to people from India for at least 12 years. But HR1044/S386 will NOT eliminate ANY backlog! It will only redistribute it from Indian nationals to other foreign-born nationals from the rest of the world. Currently there are 466K Indian nationals in the backlog (per CRS Dec 2018 report in EB/2), so it will take about 12 years for these applicants to receive their GC. As a result, every new applicant from the rest of world will be thrown into an overnight 12-year wait. With more EB GC added each year, the backlog will grow ever larger year after year.
WHAT ABOUT DIVERSITY – ETHNIC, CAREER & INDUSTRY?
HR1044/S386 will effectively wipe out ethnic and skill/industry diversity from other countries for more than 12 years as only Indian nationals will receive EB GCs in a first-come, first-serve waiting line. Additionally, since many Indians in the US work in the IT sector and have only a Bachelor’s degree from Indian universities, HR1044/ S386 will effectively prioritize applicants with foreign undergraduate degrees over US PhDs & Master’s degrees. Furthermore, because the majority of MDs and RNs are NOT from India, this bill will lead to sudden and critical shortages in underserved areas.
AREN’T THE OTHER COUNTRIES PROTECTED?
No! The transition period reserves enough visas to cover the needs of other countries only for 4 months after enactment! The “Do-No-Harm” clause does nothing and applies to a very small number of people only with approved I-140 who are waiting for their GC from other countries. Every applicant from 190+ other countries that has a decision pending for I-140 or applies for an I-140 after working or studying several years in the USA, will find himself in an overnight 12-year backlog on EB2.
HR1044/S386 Serves ONLY to Reward IT Industry Long-Term, Systemic H1B Program Abuse!
HR1044/S386 WILL WIPE OUT ETHNIC_INDUSTRY_SKILL DIVERSITY IN EB GC SYSTEM AND ENCOURAGE CONTINUED DISPLACEMENT OF AMERICAN WORKERS!
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