H.R. 3012, the Fairness for High Skilled Immigrants Act, passed the House by an overwhelming 389-15 vote with a rare bipartisan support. If it becomes law, there is no doubt Indian immigrants will benefit the most. China EB2 could see a shorter wait as well, but all other EB2 categories that currently have no waiting list may begin to retrogress. For the third preference, the vast number of India-EB3 applicants will likely push everyone else backwards. After all, the total number of visas doesn’t increase – this is the fundamental problem.
Is H.R. 3012 fair? Well, it depends on whom you ask.
Immigration attorney Cyrus D. Mehta posted a blog yesterday offering his opinions: How Fair is the Fairness for High Skilled Immigrants Act.
The passage of H.R. 3012 has been met with jubilation by Indians and Chinese, but those from the rest of the world may not be so happy. While Indians and Chinese may still need to wait, the waiting times will get more tolerable, but others who did not have to wait in the EB-2 will now need to wait. While it is hard to predict, there may eventually be waiting times of 1-2 years for all countries in the EB-2. While everyone in the EB-3 is subject to unreasonable waiting times, upon the elimination of the per country limits, Indians may still need to wait but it will not be for 70 years. Instead, it may be 10-12 years for all EB-3 nationals, according to the NFAP report.