October 20, 2005

Senate Markup of Immigration Provisions – New H-1B Numbers and Permanent Residence Numbers One Step Closer

The Senate Judiciary Committee this morning marked up a judiciary budget reconciliation measure that would provide interim relief from the current crisis-level shortage of H-1B and employment-based visas. The bill would “recapture” employment-based (green card) immigrant visa numbers that were available by statute but unused in previous years due to processing backlogs, and make them available again at a rate of up to 90,000 per year. The bill also counts only employment-based immigrants, and not their spouses and children, toward the annual limit on employment-based immigration (currently all spouses and children are deducted from the limit). The employment permanent visa category provisions, which were proposed by Chairman Specter (R-PA) were passed as written on voice vote. Sen. Dianne Feinstein (D-CA) offered an amendment, which Senator John Kyl (R-AZ) supported, to lower a potential recapture of H-1Bs petitions not used in previous years from a total of 300,000 to 150,000 (30,000 per year for five years instead of 60,000). This amendment was approved 13-3. The increases are accompanied by increases in certain fees, including a new fee of $750 on L petitions and/or visa applications.

These provisions, however, have a long way to go before final passage. They must be considered as part of the bill on the Senate floor, and then conferenced with a similar bill in the House – which has very different ideas about these provisions. GT will keep readers informed as events progress on the Hill. Your assistance, however, is needed now more than ever before to enable your representatives to understand why companies need access to talent regardless of place of birth. As our readers know, GT has been involved in these reforms and will continue to keep you updated. Contact GTLAW to become involved in making this happen.