Guide to US Immigration Bill S-386| North Loop Official Blog
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19 Nov 2020

Guide to US Immigration Bill S-386

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Introduction -

US immigration law has been undergoing some dramatic changes creating a lot of turmoil and confusion. In this article, we will explain what the S 386 bill is, the suggested amendment, and other updates related to it.

What is S-386 bill?

If you have been reading about the S 386 news or coming across other S 386 updates, this section of our article will help you understand clearly what this bill is. You will also be able to understand better why the S-386 updates are getting considered as optimistic news by many immigrants. So to begin with, S 386 is an amendment bill added by Senator Grassley to bring a few changes to US immigration law concerning the number of immigrants allowed per country per year.

If passed by the congress, it will benefit two groups of immigrants that include people moving to the US from India and China. The bill aims to increase the cap on the number of people who get allowed to move to the US every year from these two countries. Since this has gotten heavily regulated till now, the passing of this bill can benefit immigrants immensely as more number of people can get a chance of getting a green card. For similar reasons, the bill is also known as the Fairness for Highly Skilled Immigrants Act amendment.

Also, as per the S 386 news, if you are a foreign family member of an employment-based green card holder in the US, you can enjoy a better chance of getting a green card. The S 386 bill news also states that the restrictions placed on these types of applications has gotten lowered considerably and that can allow more family members of green card holders to get one for themselves as well.

Now that we have understood what an S 386 bill is, let us find out some key points mentioned in the S 386 bill news.

Key Points of S 836

H1B Visa Reform - Since the government wants to protect its job market and leave room for enough opportunities for US citizens and residents, it has stated that companies that have greater than 50 H1B employees will not be allowed to sponsor any more H1B visas. That includes refusing to take H1B visa employees who transfer from another type of US visa. That can also put a stop to H1B extensions if the company already crosses their H1B visa cap as determined by the bill amendment.

Form I 485 priority date - If you are an immigrant, this amendment will also allow you to file a Form I 485 regardless of the Priority Date. However, that is only possible if your Form I 400 has already gotten approved or pending for more than 270 days. That is a valuable amendment because it can provide you with an opportunity to file an EAD (employment authorization document) along with your I 485 application and therefore, get the chance to work in the US.

No increase in the number of green cards -There have been conflicting opinions about the increase in the number of green cards issued annually. While Senator Durbin has requested for the number of green cards to increase per year, the opposition has different views and does not want any increase. So it is still unknown whether there will be an increase in the number of green cards or not.

Green card counting method -The USCIS or US Citizenship and Immigration Services have made it clear that the way they count green cards will remain the same. That means, the family of an I 140 applicant will not get counted as a whole and each dependent will have to file a separate green card application.

The quota for family-based green cards -The current family-based per country visa restrictions are at 7%. That will increase to 15% if the bill gets passed. In other words, a quota of 15% of all green card applicants allowed annually will be able to come from one single country in the family-based visa category. So if you will want to relocate any of your eligible family member from abroad to the US, the chances of an available visa will double if the bill gets passed by the congress.

Conclusion -

The S 386 status right now is that it is currently on hold. The bill is yet to get passed by the House of Representatives. Once that happens, it will go to the President who will then have to sign off on this amendment before it can get enforced by law. Since the fate of the bill is yet to be decided by the House and the President, the S 386 status is difficult to determine immediately. However, you can use all the information provided above to understand how it will affect your immigrant efforts, likelihood of getting a green card or even your American citizenship rights by protecting the US job market.

You can also read our articles on how to fill forms like DS 11, I-94, N 400 etc.

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This publication is provided for general information purposes only and is not intended to cover every aspect of the topics with which it deals. It is not intended be advice. You must obtain professional advice before taking, or refraining from, any action on the basis of the content in this publication. The information in this publication does not constitute legal, tax, investment or other professional advice from North Loop or its affiliates. We make no representations, warranties or guarantees, whether express or implied, that the content in the publication is accurate, complete or up to date. All opinions expressed do not reflect the views of North Loop nor are endorsed by North Loop.