\n
\u00a0\u00a0\u9605\u8bfb\u6b64\u6587\u7ae0<\/strong><\/p>\n The U.S. has many bizarre immigration policies toward high-skilled individuals.<\/strong>\u00a0Perhaps the most absurd one is the cap on the number of visas allowed per country, regardless of that country\u2019s population size. How many visas are allocated to people of extraordinary ability from China, a country of over 1.5 billion people? Exactly 2,803. The same number is allocated to Bhutan, a country of less than 1 million people. \u00a0As a result, it can be years, even decades, before a highly-skilled individual from a large country is granted a U.S. employment immigration visa.\u00a0\u00a0 \u00a0 \u00a0<\/strong><\/p>\n \u00a0<\/strong>The goal of employment-based immigration is to allow U.S. employers to fill positions for which they cannot find qualified, willing and able Americans. But this country-cap rule does not serve that goal by any means. It makes little sense for American employers who seek immigrant visas for skilled foreign workers to have to wait longer just because those workers are from India or China. After all, the country of origin does not affect the immigrants\u2019 ability to contribute to the U.S. economy. At this point, Employers have already proven to the Labor Department through the labor certification process that they need these highly-skilled workers, that qualified Americans are not available, and that American labor will not be harmed.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Despite its absurdity, the country-cap rule has existed for over half a century with little contest, until the U.S. House of Representatives recently took a small step to end it. H.R. 3012 \u201cFairness for High-Skilled Immigrants Act\u201d (\u201cFHSIA\u201d), which seeks to lift the country-cap on employment visa, passed through the U.S. House in November 2011 by an overwhelming bipartisan vote of 389 to 15. It now is placed with the Senate for consideration. If FHSIA becomes law, it will eliminate the country-cap entirely by fiscal year 2015. After that, the country-cap rule will be replaced with a first-come, first-serve system based on when the employment immigration petition is filed. However, unless Congress increases the total number of employment immigration visas, first-come, first serve system this could potentially delay the process for high-skilled immigrants from countries other than India and China.\u00a0 In this one respect, FHSIA may not be so appealing without further alteration.<\/p>\n Although the actual benefits of FHSIA still remain to be seen, its passage in the House is at least a good start towards a rational immigration policy that will benefit U.S. employers seeking to attract high-skilled immigrants, and ultimately bode well for a U.S. economic renaissance.<\/p>\n IMPORTANT NOTICE TO READERS<\/strong><\/p>\n The information contained on this blog is not legal advice. \u00a0It is provided only as general information, and may or may not reflect the most up-to-date legal developments. \u00a0This information is not provided in the course of, and receipt of it does not constitute, an attorney-client relationship.\u00a0 It certainly does not substitute for obtaining legal advice from a licensed attorney. \u00a0Legal advice should take into account the specific facts and circumstances applicable to each individual situation. \u00a0Viewing this site and reading this blog does not create an attorney-client relationship between you and our firm.\u00a0 Likewise, sending me an email does not create an attorney-client relationship between you and the firm.\u00a0\u00a0 While I would be happy to hear from you, Flott & Co.PC cannot represent you until we have determined that doing so will not be a conflict of interest. \u00a0The only way for you to initiate legal representation with the firm is to call me at\u00a0(703) 525-5110\u00a0(X124). \u00a0If and when Flott & Co. PC \u00a0enters into an engagement agreement with you, you will be a client of the firm, at which time we will be able to exchange information freely.<\/p>\n Unless otherwise indicated by Flott & Co. PC in writing, any US federal tax advice contained in this blog is not intended or written to be used, and cannot be used, for either (i) avoiding penalties under the US Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matter addressed within. For further information regarding this notice, please see\u00a0http:\/\/www.flottco.com\/ \u00a0\u00a0\u9605\u8bfb\u6b64\u6587\u7ae0 The U.S. has many bizarre immigration policies toward high-skilled individuals.\u00a0Perhaps the most absurd one is the cap on the number of visas allowed per country, regardless of that country\u2019s population size. How many visas are allocated to people of extraordinary ability from China, a country of over 1.5 billion people? Exactly 2,803. The same…<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[21],"class_list":["post-447","post","type-post","status-publish","format-standard","hentry","category-international-business-community","tag-ji-zhang"],"_links":{"self":[{"href":"http:\/\/www.flottco.com\/accidentaluscitizen\/wp-json\/wp\/v2\/posts\/447","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.flottco.com\/accidentaluscitizen\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.flottco.com\/accidentaluscitizen\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.flottco.com\/accidentaluscitizen\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"http:\/\/www.flottco.com\/accidentaluscitizen\/wp-json\/wp\/v2\/comments?post=447"}],"version-history":[{"count":0,"href":"http:\/\/www.flottco.com\/accidentaluscitizen\/wp-json\/wp\/v2\/posts\/447\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.flottco.com\/accidentaluscitizen\/wp-json\/wp\/v2\/media?parent=447"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.flottco.com\/accidentaluscitizen\/wp-json\/wp\/v2\/categories?post=447"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.flottco.com\/accidentaluscitizen\/wp-json\/wp\/v2\/tags?post=447"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}