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Earlier this week, Senators Hatch, Klobuchar, Rubio, Coons, Flake and Blumenthal introduced S. 153 the Immigration Innovation Act of 2015 (I-Squared). This bi-partisan bill marks the first positive immigration legislation introduced in the 114th Congress. It is also a solid bi-partisan piece of legislation. Please see a link to the official Senate press release.

Here is an excerpt of the major provisions of the I-Squared Act of 2015:

Employment-Based Nonimmigrant H-1B Visas

  • Increase the H-1B cap from 65,000 to 115,000
  • Allow the cap to go up (but not above 195,000) within any fiscal year where early filings exceed cap and require the cap to go down in a following fiscal year (but not below 115,000) if usage at the end of any fiscal year is below that particular year’s cap
  • Uncap the existing U.S. advanced degree exemption (currently limited to 20,000 per year)
  • Authorize employment for dependent spouses of H-1B visa holders
  • Increase worker mobility by establishing a grace period during which foreign workers can change jobs and not be out of status 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

Green Cards

  • Enable the recapture of green card numbers that were approved by Congress in previous years but were not used, and continue this policy going forward through the roll-over of unused green cards in future fiscal years to the following fiscal year
  • 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
  • Eliminate annual per-country limits for employment based visa petitioners and adjust per-country caps for family-based immigrant visas

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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Photo of Laura Foote Reiff ‡ Laura Foote Reiff ‡

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and Immigration and Compliance Group which she co-led since 1999. She currently chairs the Northern Virginia/Washington D.C. Immigration and Compliance Practice. Laura is also Co-Managing Shareholder of the Northern Virginia Office of GT, a position she has held since 2010. As a global leader in the business immigration community, Laura has served on the Boards of the American Immigration Lawyers Association, the American Immigration Council, the National Immigration Forum and is currently the Chair of the America is Better Board.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 eligibility employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation.

Laura represents many businesses in creating, managing and using “Regional Centers” that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying “targeted employment areas” and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

Laura’s practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.

 Admitted in the District of Columbia and Maryland. Not admitted in Virginia. Practice limited to federal immigration practice.