S386 Bill Passes Senate | Will it actually become law? (Latest analysis – don’t celebrate yet)

TL;DR

The US Senate passed the S386 bill to remove country caps on green cards, benefiting skilled Indian immigrants, but reconciling differences with the House and Senate may be challenging before the December 18th deadline.

Transcript

The US Senate passed the S386 bill on December 2nd, 2020, but will it actually become law? The bill would remove the limits on the number of green cards that can be issued to immigrants of any one country in a given year. Skilled Indian immigrants would have the most to gain from this, as many of them have been stuck in the green card backlog for a... Read More

Key Insights

• 💚 The S386 bill aims to address the green card backlog for skilled Indian immigrants.
• 🎱 Reconciling the differences between the House and Senate bills is essential for the bill to become law.
• 🌚 The bill faces challenges from new provisions that may cause debate and hinder the reconciliation process.
• 😘 The deadline to find common ground is December 18th, with low to medium chances of the bill becoming law before the current term ends.

Questions & Answers

Q: What is the purpose of the S386 bill?

The bill aims to eliminate country caps on employment-based green cards, providing fairer treatment to skilled workers by allowing them to receive green cards on a first come first served basis.

Q: Why is there a green card backlog for skilled Indian immigrants?

Currently, no more than 7% of green cards in a given year can be issued to skilled workers of any one country. As over half of the skilled immigrants are born in India, it has resulted in a backlog, with 90% of the current backlog consisting of Indian immigrants.

Q: What are the chances of the S386 bill becoming law in the current term?

The chances are considered low to medium due to the short timeframe available to reconcile the differences between the House and Senate bills. Additionally, the new provisions in the bill may stir up debate and hinder the process.

Q: What are some new provisions in the amended S386 bill that may cause controversy?

The bill proposes an 11-year phase out period for country caps, limits H1B and H4 visa holders to a certain percentage of green cards, and includes a broadly stated provision regarding affiliation with the Chinese Communist Party, which may raise concerns and require further discussion.

Summary & Key Takeaways

• The S386 bill aims to remove country caps on green cards, which would benefit skilled Indian immigrants who face a significant backlog compared to immigrants from other countries.

• The bill passed the Senate with new provisions, making it different from the original bill passed in the House.

• To become law, the differences between the bills must be reconciled and passed in both the House and Senate, with a potential deadline of December 18th.