Many employers claim there is a shortage of high-skilled workers in our country and view guest workers as one solution to their problem. Under guest worker programs, people of foreign origin are temporarily invited into our country to work. Many employers say our policies should encourage the legal flow of high and low-skilled workers to keep our country competitive. U.S. immigration law provides aliens with a variety of ways to get a green card and become lawful permanent residents through employment in the U.S. These employment-based (EB) “preference immigrant” categories include EB-1 priority workers, EB-2 professionals holding advanced degrees and persons of exceptional ability, and EB-3 skilled workers and professionals, among others. Each of these categories is subject to Congressional numerical limitations, as well as per-country limitations.

Advocates claim this system is inefficient and wish to change the way that our employment-based green card system works by eliminating the ‘per country cap’ which limits the number of green cards that may be issued to applicants each year depending on their country of origin. Advocates wish to remove per-country caps for employment-based visas issued on a ‘first-come, first-serve basis.’ They claim moving to a ‘first-come, first-served process basis’ would give every immigrant an equal chance at obtaining permanent residency by issuing green cards by application date rather than country of origin. This would clear backlogs for skilled workers from large countries, allowing them to come to the United States to work and obtain permanent residence, along with their spouses and children.

Proposed Legislation: H.R.1044 - Fairness for High-Skilled Immigrants Act of 2019
Prospective Sponsor: Rep. Zoe Lofgren (CA)

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