Congress has rejected a proposed law that would provide relief for current quota backlogs for employment-based immigrant visas and H-1B visas. 

Initially, the Senate passed a year-end appropriations bill, S. 1932, that included provisions that would have eliminated or greatly reduced oversubscribed quotas for green cards based on employment and new H-1B visas.  However, the House version of the bill did not include these provisions, and they were finally omitted from the final bill passed by Congress on 12/19/2005.

Various lobbying groups, including our immigration lawyers association (AILA), will attempt to persuade lawmakers to introduce a new bill that will include relief from the current quota backlogs.  However, for at least the next few months (and possibly the next few years), employers and their immigrant employees must work with and around those quotas.

For those seeking permanent residence (green card) status, that means filing a labor certification or immigrant visa petition as soon as possible, to start what could be a very lengthy process and to establish a place in the queue (priority date).  For employers seeking to employ professionals in H-1B status, it means 1) hiring those who are already in H-1B status (they are not subject to the quota), 2) hiring those who have a Master's or Ph.D. degree earned in the U.S., 3) hiring foreign students who have recently graduated from college, or 4) planning on an employment starting date of October 1, 2006.  Companies that wish to hire new H-1B employees should plan ahead, begin the H-1B petition preparation in mid-March, 2006, and file the petition on or close to April 1, 2006 (the earliest possible submission date).

For more information about the employment-based immigrant visa backlog, see our March 2005 article.  Currently there is a quota backlog and lengthy waiting period for everyone born in India or China, and for everyone else except 1) professionals whose jobs require either a Master's degree or five years of experience (EB-2 status), 2) Outstanding Researchers and Professors (EB-1), 3) Intracompany Transferees (EB-1), 4) those with Extraordinary Ability (EB-1), and 5) those who work in the National Interest (EB-2).  See the current State Department Visa Bulletin for a summary of the current backlog.

You can track the number of available H-1B visas on the USCIS website.