Published on 8/23/2019
Ten-year delays in obtaining permanent residency in the United States may become a reality if the U.S. Senate adopts a bill similar to the one passed by the U.S. House of Representatives a month ago. The House passed HR 1044 without even a hearing.
Applicants for permanent residency based on employment or family relationships who do not file a petition before October 1, 2019 would be subject to the increased delays if this bill passes in the Senate and becomes a law. This is because the proposed law eliminates the per-country limitation on employment-based immigrants and changes the per-country limitation on family-based immigrants from 7 percent to 15 percent. These changes will reallocate a substantial amount of the limited number of immigrant visas to persons born in India and China who have been subject to a per-country quota or cap. While this law would likely speed up the green card process for immigrants from India and China, it would significantly increase the green card wait times for the nationals of all other countries.
The immigration attorneys at Ryan Swanson will closely monitor the status of Senate Bill 386 (the companion bill to HR 1044), as well as Senate Bill 2091 (sponsored by Senator Paul Rand). Senate Bill 2091 would eliminate the caps that have adversely affected nationals of India and China, but at the same time would provide protection to ensure availability of immigrant visas for nationals of other countries by increasing the numbers for employment-based immigrant visas, allowing applicants to file adjustment of status while they wait for their priority date to become current, and eliminating the counting of family members against the 140,000 annual visa quota for employment-based green card applicants.
Please contact any member of Ryan Swanson’s Immigration Group.
Joel Paget can be reached at [email protected].
Marsha Mavunkel can be reached at [email protected].
Amy Royalty can be reached at [email protected].
Janet Cheetham can be reached at [email protected].
Cody Nunn can be reached at [email protected].
Jen Chen can be reached at [email protected].
This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington.