STRIVE ACT Proposes to Raise H-1B and Green Card Visa Caps

On March 22, 2007, Congressmen Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) and other leading House Democrats and Republicans introduced a new bipartisan comprehensive immigration reform bill, Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007. We are optimistic of the advance of this new act as it is supported by both Democrats and Republicans in the House. In addition, this act contains substantial similar terms as those in the immigration act passed by the Senate last year. If it is passed in the House, there is a high chance for the Senate to pass it. President Bush is also a steady supporter of a comprehensive immigration reform. The new act contains the following important terms which will significantly benefit new immigrants, and resolve two major issues concerned Chinese immigrants, the H-1B Quota and Visa Bulletin:

  1. Increases the cap on H-1B visas to from 65,000 to 115,000 (which can be increased in a subsequent year if the cap is reached during a given fiscal year, not to exceed 180,000) and exempts from this cap certain individuals who have earned an advanced degree in science, technology, engineering, or math in the United States.
  1. Increases employment-based immigrant visas from 140,000 to 290,000 per fiscal year. The 290,000 ceiling for employment-based immigrant visas is redistributed among the employment-based immigrant visa categories and certain modifications are made to current categories. Unused employment-based immigrant visas from previous fiscal years are recaptured and made available for employment-based immigrant visas for future fiscal years. Visas issued to spouses and children after October 1, 2004 under the employment-based category will no longer be counted against the cap. No more than 800,000 visas may be issued to employment-based spouses and children during any fiscal year.

(03/23/2007)

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