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HOUSE MOVES TO RECONSIDER A BILL THAT MODIFIES REQUIREMENTS FOR EMPLOYMENT-BASED VISAS



The United States House of Representatives reconsidered the EAGLE Act of 2022, formally known as Equal Access to Green cards for Legal Employment Act of 2022. This bill would phase out per-country limits on employment-based green cards and raise annual limits on family-based green cards.

The bill also establishes transition rules for employment-based visas such as (1) reserving a percentage of EB-2 and EB-3 visas for individuals not from the two countries with the largest number of recipients of such visas, and (2) allotting a number of visas for professional nurses and physical therapists. The bill imposes additional requirements on an employer seeking an H-1B visa, such as prohibiting (1) an employer from advertising that a position is only open to H-1B applicants or that H-1B applicants are preferred, and (2) certain employers from having more than half of their employees as nonimmigrant visa workers.

Additionally. the Department of Labor (DOL) shall create a publicly available website where an employer seeking an H-1B visa must post certain information about the open position. The bill also expands DOL’s authority to review and investigate H-1B applications for fraud or misrepresentations.

The bill allows certain aliens to obtain lawful permanent resident status if the alien (1) is in the United States as a nonimmigrant, (2) has an approved immigrant visa petition, and (3) has waited at least two years for a visa.

As of December 14, 2022, the House moved to consider discussions on the bill as ‘unfinished business’ and to postpone further proceedings until a time to be announced.

Click here to find more information on the EAGLE Act of 2022.

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