If passed, HB1535 would significantly alter the landscape of U.S. immigration laws, particularly regarding employment-based visas. The provisions within the bill would ensure that visas made available as a result of its enactment would not be subjected to the usual per-country limitations. This change aims to promote a more equitable distribution of visas and expedite the application process, potentially benefiting both employers in the U.S. seeking skilled labor and the numerous applicants waiting for visa allocations.
Summary
House Bill 1535, known as the Eliminating Backlogs Act of 2023, aims to address the challenges faced by employment-based visa applicants by preserving expiring visas for issuance during fiscal year 2024. The bill intends to increase the worldwide cap on employment-based immigrants, allowing the issuance of more visas than what previously existed under certain sections of the Immigration and Nationality Act. By calculating the difference between available family-sponsored visas and issued employment visas, the bill seeks to streamline the process for potential immigrants while tackling existing backlogs in the visa system.
Contention
While the bill has been introduced with the intention of alleviating the backlog in employment-based visas, it may face opposition concerning fairness in immigration policy. Some critics argue that the legislation could complicate the immigration system by further incentivizing employers to favor candidates from countries with less stringent immigration regulations. Additionally, there may be discussions around the implications of increasing the overall number of employment-based visas and the potential socio-economic impacts on U.S. labor markets.
Border Security and Enforcement Act of 2023 Legal Workforce Act Immigration Parole Reform Act of 2023 Visa Overstays Penalties Act Protection of Children Act of 2023 Ensuring United Families at the Border Act Border Safety and Migrant Protection Act of 2023 Asylum Reform and Border Protection Act of 2023
Break the Chain Act This bill makes various changes related to family-sponsored immigration, such as narrowing the definition of what constitutes an immediate relative and lowering the annual numerical cap on certain classes of family-sponsored visas. A non-U.S. national (alien under federal law) who is a parent of a U.S. citizen shall not qualify for a visa for immediate relatives, which is not subject to any direct numerical limits. Currently, the spouses, unmarried children under 21, and parents of citizens are considered immediate relatives. The bill also reduces the baseline annual cap for family-sponsored visas from 480,000 to 87,934, and revises the methods for calculating the cap. Currently, the 480,000 cap may be adjusted depending on various factors but shall not be less than 226,000. A spouse or child of a sponsoring lawful permanent resident (also known as a green card holder) shall be subject to the family-sponsored visa cap. The bill revises the rules for determining whether a non-U.S. national is a child for the purposes of family-sponsored immigration, and establishes that an individual who is married or turns 25 years old prior to a visa becoming available for issuance shall not qualify as a child. The bill creates a nonimmigrant classification for non-U.S. national parents of adult U.S. citizens, which authorizes such parents for admission into the United States for an initial five-year period. Such parents shall not be authorized for employment or to receive any public benefits.