President Biden's immigration bill includes not only a path to citizenship for undocumented immigrants, smart border policies, & humane treatment of refugees—it also promises major & long-overdue improvements to our skills-based immigration system...
Let's start with the broken status quo: Lots of talented people want to be in the US—not as temporary workers, but as permanent residents with green cards, & ultimately US citizens.
But there aren't enough employment-based green cards.
The official cap is 140,000/year, but…
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…people have families, turns out, so ~70k green cards go to employer-sponsored workers, & ~70k go to their spouses & children.
This compels many future Americans to use a somewhat-less-scarce *temporary* work visa, like the H-1B, while waiting for a green card.
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This is especially intolerable for people from populous countries, because there's a bottleneck within the bottleneck: No country can represent >7% of the green cards.
So instead of one queue, currently there's a bewildering 13 queues:
The bottleneck for Indian nationals with advanced degrees is so restrictive that the expected wait for someone getting on the green card line today is 150 years—in other words, never.
Now let's look at what the U.S. Citizenship Act of 2021 would do, now that Biden's immigration bill has been released in full.
One of the most consequential changes: spouses & children of employment-based immigrants would no longer count toward the green card cap of 140k/yr.
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The bill also eliminates country-based caps.
These two policies alone would *double* America's capacity for welcoming global talent, and with just one queue. Wait times would no longer be arbitrarily based on someone's nationality.
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There are other new pathways for global talent, too:
*No green card cap at all for US STEM PhDs (~16k/yr)
*Pilot of green cards for communities seeking talent for local economic development (10k/year)
The maximum wait time for employment-based green card seekers would be 10 years. This would provide instant relief for a lot of people currently stuck, plus a safety valve in case backlogs creep up again.
And the waiting itself wouldn't be nearly so bad...
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The Biden bill would cure some of the worst ills of working on an H-1B visa:
*All H-4 spouses & children could get work permits
*No children would "age out" of immigration status
*Automatic extension & work permit if processing times get out of hand (>1 year)
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And one more simple thing that would help a lot: International students would be able to acknowledge a long-term desire to stay in the US after graduation, without jeopardizing their student visa status. ("Dual intent" would be permitted for higher ed students on F-1 visas.)
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Will the US Citizenship Act become law?
It almost certainly commands the support of a House majority & >50 Senators, including some Republicans.
But that's not enough, given the Senate 60-vote supermajority rule.
Can a deal be struck to get those 10 GOP Senate votes?
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That's the trillion-dollar question. (Literally. This kind of immigration reform delivers a huge boost to US GDP.)
As the Congress works its will, remember that there are many paths to the President's desk.
The argument is rooted in demographics: America's "Old Age Dependency Ratio" (# working-age vs. retirement-age adults) is plummeting, which is very bad news for future economic growth, Social Security solvency, etc.
To stay at par (3.5 ratio) by 2060, we need more immigrants. 2/
Specifically, 37% more immigrants—a total of ~1.37M/year.
Consider that Canada & Australia already welcome *200-300%* more immigrants than America does, adjusted for population.
America's immigration policy is among the stingiest in the @OECD.
For expert commentary on the impact of this order, see @IRAP@RCUSA_DC@RESCUEorg@HIASrefugees@LIRSorg & many more groups that have done the hard work of protecting refugees during the dark recent times.
I just want to point out some elements for the tech community...
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Important call for more efficient collection & sharing of biometric data, along with interviews via teleconferencing—these are tech-driven opportunities to streamline the whole system & put the President's goal of 125,000 annual refugee admissions within reach.
How does DHS justify delaying the effective date without notice & comment?
"USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff,
& conduct public outreach needed to ensure an effective & orderly implementation."
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Also:
"During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate [Trump's] January 8th rule & its associated policies, as is typical of agencies at the beginning of a new Administration."
Joe Biden will present Congress with an immigration reform bill on his first day in office—Wednesday!—including a path to citizenship for undocumented immigrants, immediate green cards for DACA & TPS holders, & more...
Legal immigration items newly reported:
*Recapturing unused green cards
*Work permits for spouses & children of H-1B workers
Prior promises by candidate Biden:
* No green card caps for STEM PhD grads
* No caps on spouses & children of permanent residents
* No country caps
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Lots to anticipate starting on Jan. 20—not only these legislative proposals that Congress will still need to pass, but also a great many new executive actions to start rebuilding our immigration system in the meantime.
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It's no surprise that Joe Biden plans to begin his administration with a flurry of executive actions—that's what presidents tend to do as leaders of the Executive Branch.
"Executive action" isn't the same as "executive fiat" or "executive overreach." 1/
In the end, "executive overreach" is whatever the courts find to be outside the authorities granted to the Executive Branch by Congress or the Constitution.
But in the beginning, as a policy takes shape, you could say that executive overreach is a state of mind.
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Under Obama, executive actions went through layers & layers of scrutiny from gov't lawyers before they were initiated.
It wasn't just fear of losing in court—officials wanted to stay on the lawful side of statute & judicial precedent.