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Summary of Immigration Innovation Act of 2013

By Bill at January 31, 2013 00:43
Filed Under: Immigration News
Following is the summary of Senate Bi-Partisan Bill of "Immigration Innovation Act of 2013"(Nick Name: I-Squared Act of 2013). Click here for full text of the bill.
  • Employment-Based Nonimmigrant H-1B Visas
    • Increase H-1B cap from 65,000 to 115,000
    • Establish a market-based H-1B escalator, so that the cap can adjust ¡V up or down ¡V to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)
      • If the cap is hit in the first 45 days when petitions may be filed, an additional 20,000 H-1B visas will be made available immediately.
      • If the cap is hit in the first 60 days when petitions may be filed, an additional 15,000 H-1B visas will be made available immediately.
      • If the cap is hit in the first 90 days when petitions may be filed, an additional 10,000 H-1B visas will be made available immediately.
      • If the cap is hit during the 185-day period ending on the 275th day on which petitions may be filed, and additional 5,000 H-1B will be made available immediately.
    • Uncap the existing U.S. advanced degree exemption (currently limited to 20,000 per year)
    • Authorize employment for dependent spouses of H-1B visa holder
    • Increase portability of high skilled foreign workers by:
      • Removing impediments and costs of changing employers;
      • Establishing a clear transition period for foreign workers as they change jobs; and,
      • Restoring visa revalidation for E, H, L, O, and P nonimmigrant visa categories
  • Student Visas
    • Allow dual intent for foreign students at U.S. colleges and universities to provide the certainty they need to ensure their future in the United States
  • Immigrant Visas and Green Cards
    • Enable the recapture of green card numbers that were approved by Congress in previous years but were not used
    • Exempt certain categories of persons from the employment-based green card cap:
      • Dependents of employment-based immigrant visa recipients
      • U.S. STEM advance degree holders
      • Persons with extraordinary ability
      • Outstanding professors and researchers
      • Provide for the roll-over of unused employment-based immigrant visa numbers to the following fiscal year so future visas are not lost due to bureaucratic delays
      • Eliminate annual per-country limits for employment based visa petitioners
  • U.S. STEM Education & Worker Retraining Initiative
    • Reform fees on H-1B visas and employment-based green cards; use money from these fees to fund a grant program to promote STEM education and worker retraining to be administered by the states.

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