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What is the progress of the H.R. 1044 bill?

I have applied for I-526 recently from India and I am subject to the visa backlog. I heard that the U.S. government is planning to remove the 7% per-country cap with the H.R. 1044 bill. Has the bill been approved and signed by the president? If not, when could we expect the result to be released? How could it relieve the backlog?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    There is not much progress with the bill yet and if it were to pass, it would likely most benefit highly backlogged categories and with no significant relief for EB-5 Indian nationals.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The H.R. 1044 - Fairness for High-skilled immigrant Act of 2019 - has passed the House, and on July 11, 2019, it was sent to Senate and referred to the Judiciary Committee. This is still a pending legislation and no word on when it would move forward.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is not law yet and yes it would help the Indian and Chinese backlog.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    HR 1044 has passed the House but getting the companion S386 through the Senate may be tough. There is a provision that protects existing petitions so one does not know the full impact. What we do know is this will be hugely beneficial to Indian nationals because, for example, EB-3 for India only allocates 2,300 visas annually. Many think visas should not be allocated based on place of birth.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    There has been no progress on this bill; it's not gone through the Senate yet. Should it become a law, it will unlikely provide relief for India's EB5 backlog. (It would, on the other hand, likely provide relief of the EB-2/3 backlog for Indian nationals).

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    To be honest, no one knows whether that bill will ever pass the Congress and become the law. Even if it did, I do not think that it will help you at all. In fact, it would most likely be detrimental to you. It will only help the EB-5 investors who have applied long time ago such as those who are born in mainland China and the EB-1/EB-2/EB-3 applicants who are significantly backlogged, such as the Indians. The rest of the people will not benefit at all. Since India-born applicants have a very small retrogression issue today, if that bill were to become the law today it would negatively impact your case.

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    Phuong Le

    Immigration Attorney
    Answered on

    Still pending in Congress. Obviously more important given that USCIS just released the new EB-5 regulations that will become effective Nov. 21, 2019. Reform or new legislation without visa relief won't do anybody much good, though.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is not much progress on the H.R. 1044 bill. It has neither been approved nor signed by the president. It passed the House and is pending in the Senate. The implications of the bill remain unknown and it cannot be predicted at this time.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    The bill is not approved yet. It will be a while before it reaches the president's desk. The bill will eliminate the 7% cap for employment-based immigrant visas.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Last I heard, it was only approved by the first of the two parts of Congress (the House). The Senate needs to approve it, and then it would go to the president for signature. It would relieve, somewhat, the backlog for Indians and Chinese, but also create backlogs for literally every other country, so it's not really receiving a ton of support in the immigration attorney community.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    H.R. 1044 has not become law.

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    Charles Foster

    Immigration Attorney
    Answered on

    The H.R. 1044 bill was passed by the U.S. House of Representatives overwhelmingly with Democratic votes and only four Republican votes. It now has to be passed by the U.S. Senate, and there is uncertainty as to whether or not that will happen. At least, one member of the U.S. Senate has put a hold on the bill, and there's speculation that the Senate will adjourn before any action is taken. The prospect for passage of H.R. 1044 is uncertain at this time.

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