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Will US Immigration Laws Change in the Next 2-4 Years?

US immigration laws have been an extremely controversial topic for the last couple of years. With all the talk about building a wall between the US and Mexico, creating stricter laws on immigrants who enter the US illegally, etc., it’s only inevitable that US lawmakers are working around the clock to draft changes in US immigration law.

The US government is contemplating reducing the number of employment-based green cards from 140,000 to 50,000 annually to allow more people to come into the US through family-sponsored visas.

The country also plans to make it easier for foreign workers with “extraordinary ability” or advanced degrees (masters or PhDs) to work in the US permanently. On top of that, there is news that US authorities will review the current policy on H1B visas to make it more merit-based.

H1B US visa usually allows US employers to temporarily employ foreign workers in the US. US employers must prove that they will not be able to find US workers for the job and that the salary is not lower than standard local pay for US citizens doing the same job.

However, there have been growing complaints that some US companies are abusing this system by replacing US employees with lower-paid foreigners who come on H1B visas.

Stats show that more than 1 million immigrants get permanent residence in the US every year while only about 130,000 annual employment-based green cards are available. Countries like India receive most of these employment-based green cards annually.

Is the US Reducing the Issuance of Employment-Based Green Cards?

So, the US decided to reduce the number of employment-based green cards from 140,000 to 50,000 annually and increase the number of family-sponsored US visa applicants. The US believes this would ensure US immigrants more US jobs at US companies.

US immigration laws have changed immensely in the last two decades with the introduction of new laws such as the US Immigration Act 1990, Illegal Immigration Reform and Immigrant Responsibility Act 1996 and USA Patriot Act 2001.

The Department of Homeland Security was established by the US Patriot Act 2001. Since then, there has been a proliferation of US enforcement agencies working under the DHS umbrella i.e.: ICE (Immigration and Customs Enforcement) and CBP (Customs Border Patrol).

With all the talks on stricter US immigration laws, it is critical to note that any law changes or proposed US immigration law changes are at the US House of Representatives or US Congress. The US president has no power to change US immigration laws, only the US congress can make the necessary changes.

Even US federal courts have their say on US immigration laws, with the Supreme Court setting up precedents that control how various agencies enforce existing US immigration laws.

Will a Drastic Change Happen in the Next 2-4 Years?

At this point, it is difficult to predict what kind of impact these proposed changes in US immigration laws would have on immigrants looking to come into America.

As mentioned earlier, only the US Congress has the power to draft any new US Immigration Act and present it for approval/veto by the US president so anything could happen until then.

It is safe to assume that nothing much will happen in the next 2-4 years as regards US immigration laws. The US president is only in power for 4 years, so US immigration law changes are likely to happen only at the end of the next US presidential term.

US Immigration Act 1990 has been effective since 1991, US Patriot Act 2001 became an official US law in 2002 and hasn’t changed that much since then.

Changes in US immigration laws will take time because US lawmakers have their own political opinions on how tougher/softer US laws should be. It’s not just about building a wall or allowing more family-sponsored visas, there are many factors involved in any major changes in US immigration law such as:

  • How would it impact the current US economy?
  • What is the economic impact on American citizens?
  • S immigration laws on family members?
  • US immigration laws on future immigrants?

There are voices on both sides of the US immigration debate i.e.: those who want the US to welcome more immigrants, and those preferring the US to reduce or stop US immigrant intake. So it is difficult to predict whether the US would tighten its rules for future US visa applicants in the next 2-4 years or not.

However, some recent statistics indicate that there has been an increase in demand for US Green Cards (Permanent Residence). In 2014, around 236,000 H1B applications were filed out of which only 85,000 could be approved by USCIS.

This means there was a major backlog of 150,000 H1B visa applications in the US, which is indicative of increasing US demand for US immigrant visas.

US companies can afford to pay US workers $100,000 per annum because US citizens earn $60,000 as compared to US Immigration Law mandates US employers must pay US visa applicants US$60,000 upon successful H1B sponsorship.

How the US Immigration Laws Have Continued Evolving

US immigration laws have evolved a lot over the last few decades because of changing global economic trends and America’s positions in world trade. It is heartening that the US has not made drastic changes in its US immigration laws during 9/11 or the global financial crisis of 2008-09.

This shows that the US understands the importance of immigrants in its economy and supports them during difficult times. However, no one knows why there is still US demand for immigrant visas from non-traditional countries such as India and China.

The US might make US immigration laws stricter in the next 2-4 years, but it is difficult to say which US visa category will be impacted the most or how the US Green Card application process would change.

Opposing the US Immigration Act of 1990, US federal courts have ruled that the US president cannot take unilateral action without approval from the US congress.

It means there are many ways by which the US president can reduce US immigrant intake into the US economy, even though these changes may not go down well with the majority of American citizens or the business community.

Don’t Risk Your Eligibility by Applying Too Late

If you are looking for prospects in the United States, then apply for your US immigrant visa before there’s any major change in US immigration laws. Even small changes in US immigrant law can impact your eligibility so don’t take a risk and apply for a US immigrant visa as soon as possible.

As there is no US immigration law change in the next 2-4 years it seems obvious to be optimistic about US visa chances. The US might make US immigration laws stricter but it’s hard to say which US visa category will be impacted the most or how the US Green Card application process would change.

It is difficult to predict whether the US would tighten its rules for future US visa applicants in the next 2-4 years or not because of voices on both sides of the US debate i.e.: those who want the US to welcome more immigrants, and those preferring US to reduce or stop US immigrant intake.

However, some recent statistics indicate that there has been an increase in US demand for US immigrant visas. US companies can afford to pay US workers $100,000 per annum because US citizens earn $60,000 as compared to US Immigration Law mandates US employers must pay US visa applicants US$60,000 upon successful H1B sponsorship.

Will Possible Changes in the Immigration Law Affect Your Eligibility?

Applying for your prospects in the United States is heartening that the US has not made drastic changes in its immigration laws during 9/11 or the global financial crisis of 2008-09, but it is difficult to say which US visa category will be impacted the most or how the US Green Card application process would change.

Even small changes in US immigrant law can impact your eligibility so don’t take a risk and apply for your US immigrant visa before there’s any US immigration law change.

US companies can afford to pay US workers $100,000 per annum because US citizens earn US $60,000 as compared to US Immigration Law mandates US employers must pay US visa applicants US$60,000 upon successful H1B sponsorship.

It is difficult to say which US visa category will be impacted the most or how prospects in the United States Green Card application process would change, but it is heartening that there has been an increase in demand for US immigrant visas.

For more information, you may ask or consult with Houston immigration lawyers.

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