What is S386
"Fairness for High-Skilled Immigrants Act of 2019" which eliminates per-country cap on employment-based immigrant visas and increases per-country cap on family-based immigrant visas from 7% of the total number of such visas to 15%
Biggest Lies about S386
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Lie 1: 7% per country cap on green card is discrimination.
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Fact: The country caps strive for diversity and prevent any nationality from dominating our immigration system.
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Since we don't have a merit based system, First Come First Serve (FCFS) will let countries with huge population monopolize the immigration system.
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The country cap applies to both Employment-Based Green Card (EB GC) and Family Based Green Card (FB GC) .
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S386 will totally remove country cap for EB GC.
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S386 will keep country cap for FB GC and increase it from 7% to 15%. - WHY? Not discrimination?
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Lie 2: S386 will clean the backlog.
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Fact: It will only move the backlog for Indian.
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Why the backlog is so long for Indian only? Because of the H1B monopoly.
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Due to H1B monopoly, it will encourage more H1B Visa and keep filling the backlog.
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It will transfer the backlog to 190+ countries.
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Green cards would be unavailable to applicants for ROW and many other occupations except IT for at least a decade.
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Lie 3: Indian only get 7% EB GC.
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Fact: Due to GC spillover Indian is get ~20%
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2017: total EB GC is 137,855, EB GC for Indian is 23,569, it is 17.09%. Checkout Spillover
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Lie 4: H1B is skill based.
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Fact: It is designed to be but the reality is not. Checkout H1B Monopoly
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Lie 5: Amendments by Senator Grassley will reduce H1B fraud.
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