Blind people still get medical bills they can’t read : Shots

Blind people still get medical bills they can’t read : Shots

Lucy Greco (left), a web-accessibility specialist at the University of California, Berkeley, is blind. She reads most of her documents online, but employs Liza Schlosser-Olroyd as an aide to sort through her paper mail every other month, to make sure Greco hasn’t missed a bill or other important correspondence.

Shelby Knowles for KHN


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Shelby Knowles for KHN


Lucy Greco (left), a web-accessibility specialist at the University of California, Berkeley, is blind. She reads most of her documents online, but employs Liza Schlosser-Olroyd as an aide to sort through her paper mail every other month, to make sure Greco hasn’t missed a bill or other important correspondence.

Shelby Knowles for KHN

A Missouri man who is deaf and blind said a medical bill he didn’t know existed was sent to debt collections, triggering an 11{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} rise in his home insurance premiums.

In a different case, from California, an insurer has suspended a blind woman’s coverage every year since 2010 after mailing printed “verification of benefits” forms to her home that she cannot read, she said. The problems continued even after she got a lawyer involved.

And still another insurer kept sending a visually impaired Indiana woman bills she said she could not read, even after her complaint to the Health and Human Services’ Office for Civil Rights led to corrective actions.

Across the U.S., health insurers and health care systems are breaking disability rights laws by sending inaccessible medical bills and notices, a KHN investigation has found. The practice hinders the ability of blind Americans to know what they owe, effectively creating a disability tax on their time and finances.

Crucial notices are often in small print, impossible to read

More than 7 million Americans age 16 and older have a visual disability, according to the National Federation of the Blind. And having medical information and bills delivered in an accessible manner is the right of each of those people, protected under various statutes, including the Americans with Disabilities Act, the Affordable Care Act, and the Rehabilitation Act, disability rights legal experts said.

But some blind patients told KHN that the letters they receive can be impossible to read. Some websites contain coding that is incompatible with screen reader technology, which reads text aloud. Some health care systems and insurers fail to mail documents in Braille, which some blind people read by touch. And others who are visually impaired can read large print, with the possible aid of glasses or magnifying lenses, but the small-print medical bills they get are indecipherable.

“I tell them sending me small-print mail is like hiring a mime to communicate to me from outside my window,” Stuart Salvador told KHN over Skype instant messaging. The 37-year-old lives in Greene County, Mo., and explained that a case of shingles when he was 28 left him with only residual sight and hearing. “I can tell something is there,” Salvador said, “but I have no idea what I’m supposed to be getting from that.”

Bills are sometimes sent to collections before the patient knows there’s a problem

Salvador said it can take up to six hours for him to effectively convert a printed medical bill into Braille. He said he has been sent to collections multiple times by CoxHealth and Mercy hospital systems through their automatic medical debt referral systems after the health care providers sent him bills he could not read. As a result, he said, his home insurance carrier raised his annual premium by 11{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8}, costing him an additional $133.51 and significant hassle.

Nancy Dixon, a spokesperson for Mercy, said that the health system could not find a bill for Salvador that was sent to collections in its records within the past 10 years, and that its policy is to make reasonable accommodations for any patient who requests them. CoxHealth did not respond to requests for comment.

Salvador noted that it’s challenging for him and other visually impaired patients to fight for access to their billing information. If they realize a problem exists, he and other patients told KHN, communicating with the medical systems and insurers can be difficult. Often, they may not even be aware of the problem until it’s too late.

Like Salvador in this instance, some blind patients don’t keep track of written documentation which otherwise might help with a possible legal challenge when overdue billing issues escalate.

Disability rights attorney Albert Elia, who is blind, said blind people stuck with inaccessible bills often are left with two options: to hope for government action or pursue long, costly lawsuits. The National Federation of the Blind, as well as the American Council of the Blind, have sued and won public settlements regarding inaccessible medical information.

The cycle of inaccessibility repeats — over and over

Meredith Weaver, a senior staff attorney for Disability Rights Advocates, who helped monitor the implementation of a blind accessibility settlement agreement with health care giant Kaiser Permanente, said her clients often ask for documents to be sent in Braille or be readable by online screen readers. They then typically receive one document that works for them before the cycle begins anew.

“It felt like whack-a-mole to continually make those requests,” Weaver said.

After the terms of the settlement agreement with Kaiser Permanente expired in 2018, Weaver said, she began to hear from clients who faced the same barriers yet again.

Kaiser Permanente spokesperson Marc Brown said that the health system conducted an accessibility review after KHN informed it of Weaver’s comments, and he said the company found “no significant defects in the platform, nor do we know of any inaccessibility issues” that would limit someone from paying their bill or using its website. (KHN is not affiliated with Kaiser Permanente.)

Websites of many major health insurers pose accessibility problems. ‘It’s shocking to the conscience’

KHN found multiple accessibility issues on the public-facing webpages of Aetna, Anthem Blue Cross and UnitedHealthcare, major insurers that visually impaired and blind customers flagged as having accessibility problems. The errors, which KHN identified with the help of a tool created by WebAIM, a nonprofit web-accessibility organization, include webpage coding that would make it difficult for a blind customer using screen reader technology to shop for a health plan or find an in-network doctor.

After he learned of KHN’s findings, Andrés J. Gallegos, chairman of the National Council on Disability, an independent federal agency that advises the White House and Congress, said the council should look more deeply into the issue.

“It’s shocking to the conscience,” he said, noting the law clearly provides for such accessibility protections.

All three insurance companies said they work hard to make their services accessible and strive to fix member issues.

“It’s the year 2022. Everything is being done electronically; everything is being done online,” said Patrick Molloy, a blind 29-year-old in Bucks County, Penn. “It shouldn’t, in theory, be terribly difficult to make websites and billing platforms accessible to customers with visual impairments. But it’s the world we live in.”

Getting a lawyer involved doesn’t always solve the problem, said Lucy Greco, a web-accessibility specialist at the University of California, Berkeley. The blind 54-year-old sought legal help in early 2020 to stop Anthem Blue Cross from mailing her printed notices she cannot read — which sometimes resulted in lapsed benefits because she could not read the written request to sign and return the documents. She now receives some but not all communication through email, which she had requested, and via the company’s online portal.

Greco pays Schlosser-Olroyd $30 and hour to help sort through bills and personal papers that are still delivered via the mail. Not every blind person can afford such assistance, Greco notes, and even that investment can’t always fix the problem.

Shelby Knowles for KHN


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Shelby Knowles for KHN


Greco pays Schlosser-Olroyd $30 and hour to help sort through bills and personal papers that are still delivered via the mail. Not every blind person can afford such assistance, Greco notes, and even that investment can’t always fix the problem.

Shelby Knowles for KHN

Greco employs an aide to read her mail to her every other month, to help fill in the gaps, but she has still missed insurance notices and bills. She recently raised the aide’s wages to $30 an hour, as Greco wants to ensure she can retain a trustworthy person with all her personal information. But not everyone can afford to hire an aide.

“It makes you feel helpless and it makes you feel dependent on people you might not want to feel dependent on,” she said.

‘It’s not easy to enforce these laws’

Even when federal entities step in to fix such issues, the problems persist. Kate Kelly, a 61-year-old in Greenwood, Ind., who is visually impaired and has hearing loss stemming from multiple sclerosis, was so fed up with receiving multiple bills in standard-sized text from her insurer, Aetna, that she filed a complaint with the HHS Office for Civil Rights in early 2020.

But after the office came to an agreement with Aetna to stop sending her bills in standard-sized text that fall, she said, Aetna soon resumed sending some documents in text too small for her to read. Kelly pushed HHS to reopen her case. This July, records show, the office closed it due to what it said was a lack of jurisdiction, despite its involvement in obtaining the previous resolution.

Kelly said her large-print bills still get delayed — one from March just came in August — and she is now required to sign for them when they’re delivered. When she tried to use the online portal, she said, her screen reader could not read certain numbers and other information.

“It’s hard to fight back; it’s hard to participate in the system,” she said. “You see why insurance companies get away with it, as it’s not easy to enforce these laws.”

Alex Kepnes, an Aetna spokesperson, said company staffers had reached out to Kelly after KHN’s questions and they “regret the inconvenience that this has caused her.” Kelly said she missed Aetna’s call, and although she called the next day and tried once more to reach the company, she had yet to hear back as of Nov. 28. She did receive a complaint form from the company — the text was in small print she cannot read.

Meanwhile, Kelly said, her utility company manages to get her a bill in large type every month. And she promptly pays it.

KHN (Kaiser Health News) is a national, editorially independent newsroom and program of KFF (Kaiser Family Foundation).

Biden’s Next Debt Crisis After Student Loans Could Be Medical Bills

Biden’s Next Debt Crisis After Student Loans Could Be Medical Bills
  • America’s clinical debt problem has parallels to the scholar financial debt crisis, gurus instructed Insider.
  • Both of those are monetarily debilitating, placing folks at chance of not getting equipped to pay for rent and foods.
  • The Biden Administration is now taking steps to deal with it but the challenge of helping additional low-money debtors remains. 

The Biden administration is finally offering lengthy-promised relief to much more than 40 million Us residents with federal university student financial loans, 50 {c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} of whom will see their debt wiped out wholly. But industry experts on professional medical debt say that university student financial loans are just one piece of a domestic financial debt disaster, which debilitates thousands and thousands of Us citizens. 

At the conclude of August, President Joe Biden introduced up to $20,000 in scholar credit card debt for federal debtors building underneath $125,000 a yr — anticipated to wholly eradicate the harmony for 20 million borrowers. It usually takes a chunk out of what is frequently a prohibitive load for quite a few Americans, with interest snowballing an ever-mounting collection of charges that become extremely hard to pay out off. 

For some, professional medical credit card debt can be just as prohibitive. The healthcare credit card debt load in the US now totals all over $195 billion, in accordance to the Kaiser Relatives Foundation, and 23 million Individuals have health-related charges of at minimum $250. Three million have unpaid medical bills totaling over $10,000. Like student-mortgage debtors, all those with healthcare financial debt are not immune to unfair tactics — the Client Fiscal Safety Bureau earlier identified that inaccurate health care billing value Us citizens $88 billion previous yr.

When the two healthcare and scholar debt snowball, they develop into conduits for most likely devastating fiscal consequences, primary individuals to get rid of their residences and confront lawsuits, for occasion. Experts on professional medical personal debt see that as just just one parallel concerning the two crises. On the other hand, a single key difference is that professional medical financial debt is usually an unavoidable, life-and-death condition, whilst college student financial loans are typically a alternative. 

“You virtually had no solution simply because it was an crisis situation,” Berneta Haynes, a workers lawyer at the Nationwide Customer Regulation Center informed Insider. “The big difference is that health care financial debt can materialize to definitely anybody, and it can’t be prepared.”

Healthcare debt generates “a racial wealth hole, and a racial health gap” in addition to burdening younger and outdated people alike

Black higher education graduates are much more possible to be in credit card debt than their white peers, information reveals, and that is since they have less wealth than their white counterparts historically. Which is a wealth hole that interprets to medical personal debt as well, Haynes mentioned one in a few Black grown ups have past-because of healthcare payments, when compared to less than just one in 4 white older people, she observed in a examine she released this 12 months. She additional that Black homes are disparately impacted by intense professional medical personal debt collection methods, these kinds of as lawsuits and civil arrest for unpaid medical costs. 

“You will find a racial wealth hole, and a racial health and fitness gap,” she spelled out. “Black people have a lot less prosperity, Black households are considerably less ready to weather conditions all those expenditures when they do arrive.” 

Haynes also pointed out that young older people are far more possible to keep scholar personal debt, clinical personal debt, or both equally. Just about fifty percent of health-related financial debt is owed by youthful heads of household — those under the age of 44 — the US Census Bureau discovered previous year. In the same way, far more millennials, the oldest of whom are 41, in accordance to Pew Investigation Center, owe student debt than any other technology.

Which is not to say older people are not impacted. As Insider formerly described, student-mortgage borrowers around 50 are continuing to maintain personal debt burdens that have been decades in the generating, forcing them to press off retirement, and more mature Us citizens who do not but qualify for medicare can knowledge very similar issues with health-related credit card debt. 

Unpaid health care expenditures make major monetary implications

Professionals also mentioned the economical implications of defaulting on clinical debt, like on scholar financial loans, can be devastating. Haynes cited liens on a person’s dwelling — a legal assert on a residence that can be used as collateral to repay a financial debt — as 1 way in which medical financial debt can come to be parasitic. If you default on possibly college student or medical debt, creditors can also transfer to specifically acquire some of your paycheck, as considerably as 25{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} of it. 

“Men and women are a lot less possible to get a bank loan, and there are intense collection methods like lawsuits,” Ruth Lande, Vice President of Medical center Relations at RIP Health care Credit card debt, a charity focused on the elimination of own health-related personal debt, explained to Insider. 

Lawsuits for professional medical debt are a lot more common than those people for pupil credit card debt, but both equally transpire. And though health care credit card debt is the most popular collections tradeline in the US, it takes place for university student financial loans as properly. And collections businesses often make use of forceful strategies for both equally. In accordance to the Countrywide Shopper Law Middle, collectors frequently misrepresent borrower rights, and that governing administration oversight of collection organizations is usually weak. 

‘There’s a large amount of we don’t see because of how opaque the medical industry is’

New laws attempting to tackle student personal debt is a valuable initially step, but only scrapes the surface area of the credit card debt load. 

The No Surprises Act went into result this yr, which is meant to restrict shock billings under sure situations, was one transfer taken by the federal government. Sen. Bill Cassidy called it “a milestone in our hard work to decreased wellness care charges.” In addition, 3 major credit bureaus elected to remove 70{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} of health-related personal debt from credit score experiences, soon after performing with the Customer Fiscal Defense Bureau.  

In April, the White Property also unveiled ways to aid People in america with clinical financial debt, like rising scrutiny about inaccurate professional medical billing and equipping individuals with education instruments to aid deal with complicated billing procedures. 

They reduce the burdens faced by several Us citizens, but have some blind places, advocates reported. 

Haynes pointed out that a great deal of professional medical debt is compensated making use of credit score cards, which suggests it would not sign up as healthcare financial debt — it truly is anonymized as credit card personal debt. That implies that clinical credit card debt paid with credit playing cards is even now going to show up on credit history reviews heading ahead. 

Lindsey Muniak, Healthcare Credit card debt Application Guide at the Credit card debt Collective, a debtor’s union and non-income group, told Insider that even however nonprofit hospitals acquire billions of pounds in tax breaks in exchange for giving “charity care” to minimal-revenue patients, hospitals frequently skimp on it, The Wall Street Journal described this 12 months. A the vast majority of America’s hospitals are non-revenue. She needs the IRS to set up clearer rules for retaining hospitals in check out, she claimed. 

“You will find a good deal we you should not see since of how opaque the healthcare sector is,” Muniak reported. 

What Happened To The Bills On Employment-Based Immigration?

What Happened To The Bills On Employment-Based Immigration?

The new Congress began with hope for a lasting solution to the employment-based green card backlog problem but may soon end with no solution at all. What happened?

Economists have found foreign-born scientists and engineers are vital to the competitiveness of companies in the United States and the American economy. “The ability to recruit global talent is a key factor that has contributed to U.S. leadership in science and research,” according to the MIT Science and Policy Review. “This talent has been vital for the development of U.S. science and responsible for numerous discoveries and innovations that have improved quality of life.” At U.S. universities, international students account for 74{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} of the full-time graduate students in electrical engineering and 72{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} in computer and information sciences as well as 50{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} to 70{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} in fields that include mathematics and materials sciences.

Due to a low annual limit on employment-based green cards and a per-country limit of 7{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} from a single country, the Congressional Research Service (CRS) estimates that more than 2 million people from India will be waiting in the U.S. employment-based immigrant backlog by 2030. Many foreign-born scientists and engineers will potentially wait decades before gaining permanent residence and a chance to become U.S. citizens.

The impact on competitiveness is significant. At U.S. universities, Indian graduate students in science and engineering declined by nearly 40{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8}, between 2016 and 2019, according to a National Foundation for American Policy (NFAP) analysis. “During the same period (2016 to 2019), Indian students attending Canadian colleges and universities increased 182{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8}. The difference in enrollment trends is largely a result of it being much easier for Indian students to work after graduation and become permanent residents in Canada compared to the United States.” Chinese student interest in attending U.S. universities has also declined.

In February 2021, the U.S. Citizenship Act (H.R. 1177), developed by the Biden administration, was introduced in Congress. The bill contained many immigration provisions and would have put an end to the employment-based immigrant backlog within 10 years. It included a higher annual green card limit, eliminated the per-country limit, provided permanent residence for those waiting with an approved immigrant petition for 10 years and excluded dependents from being counted against the annual limit. (See here.) It also would have exempted individuals with Ph.D.s in STEM (science, technology, engineering and math) fields from numerical limits.

Due to GOP opposition and the 60-vote filibuster threshold in the Senate, the U.S. Citizenship Act turned out to be a messaging or placeholder bill that did not move in Congress. To obtain green card relief, a different measure would need to become law.

The America COMPETES (CHIPS) Act

The best opportunity for employment-based immigration looked like legislation aimed at enhancing U.S. competitiveness in semiconductors. On February 4, 2022, the U.S. House of Representatives passed the America COMPETES Act 222 to 210. The bill contained several immigration provisions but garnered only one Republican vote. In June 2021, the Senate passed a similar bill without any immigration measures.

The House bill created an exemption from annual green card limits and backlogs for foreign nationals with a Ph.D. in STEM fields and those with a master’s degree “in a critical industry,” such as semiconductors. The bill also included Rep. Zoe Lofgren’s (D-CA) LIKE Act to give foreign-born entrepreneurs an opportunity to earn lawful permanent residence. A recent NFAP report on immigrant founders of billion-dollar companies concluded many innovations only become useful through entrepreneurship.

During a House-Senate conference committee, Rep. Lofgren urged the Senate to accept the House’s immigrant measures. The Biden administration, businesses and universities wanted to see, at minimum, the exemption for individuals with Ph.D.s in STEM fields become law.

The exemption for STEM Ph.D.s was likely doomed the moment Senate Republican Leader Mitch McConnell (R-KY) appointed Sen. Charles Grassley (R-IA) to the bill’s conference committee. McConnell gave Grassley, the ranking Republican member on the Senate Judiciary Committee, a veto, in effect, over any immigration provision. Over several months, he exercised that veto and no group of Senate Republicans stepped forward to prevent it.

In June 2022, Grassley asserted he was against including immigration measures in a non-immigration bill. Critics pointed out Grassley had no problem, indeed lauded, including a restrictive measure on EB-5 immigrant investor visas in a non-immigration bill only a few months earlier (March 2022). It appeared evident that Grassley opposed any liberalization of U.S. immigration laws, no matter how beneficial economists and others believed a specific provision would be for the country and claimed a procedural reason.

Senate Democrats approached Grassley with iterations of the Ph.D. STEM provision, but he refused to budge, according to sources. He did not vote for final passage or the motion to proceed to the bill on the Senate floor (a 64 to 34 vote) but got his way on the legislation. The final bill included no measures to exempt Ph.D.s in STEM fields from green card limits or any other significant positive immigration provision. (The legislation was H.R. 4346, renamed the CHIPS Act of 2022.)

A letter (July 27, 2022) to House and Senate leaders from the chief human resource officers of leading semiconductor companies called on Congress to admit more high-tech talent: “We are writing to you about an underappreciated but vital issue for both our economy and national security interest: the need for more talented and highly skilled individuals to fill the immediate labor demand of the technology industry. Workers with advanced education and knowledge in cutting-edge technical areas, specifically in science, technology and engineering (STEM) fields, are the fuel that will propel our economy and country into the next industrial and technological era.”

Budget Reconciliation

Another legislative vehicle, a budget reconciliation bill, became law without any measures to relieve the green card backlog or make other positive immigration changes. For months, Democrats in Congress talked about using budget reconciliation to enact immigration reforms. The reconciliation process overcomes Senate filibuster rules by allowing passage with a simple majority. However, under Congressional rules, reconciliation can only include certain measures.

The Senate parliamentarian advised in late 2021 that including provisions to legalize undocumented immigrants in a budget reconciliation bill would violate Senate rules. Senate Democrats also gave green card backlog reduction language informally to the Senate parliamentarian, but she did not provide a ruling on it, according to a Congressional source.

Immigration reform supporters pointed to language recapturing unused employment-based green cards that became law in budget reconciliation in 2005. However, the Senate parliamentarian said, according to the Congressional source, that the earlier parliamentarian never approved that language and it was allowed because nobody at the time raised a budget point of order since the provision was supported on a bipartisan basis.

In that context, it becomes clearer why, at different times, Sen. Richard Durbin (D-IL) and Sen. Bob Menendez (D-NJ) threw cold water on the idea of including green card provisions in reconciliation. A Senate parliamentarian’s advice can be overcome by a vote but Sen. Durbin indicated getting all Senate Democrats to vote against a parliamentarian’s ruling on immigration was not “realistic.”

The issue appeared to be moot until Sen. Joe Manchin (D-WV) reached a deal with other Democrats and the reconciliation bill became the Inflation Reduction Act. The bill passed Congress without any green card measures. Senate Democrats voted against all amendments to the legislation, including those that would have restricted access to asylum via the public health measure Title 42.

Based on Sen. Durbin’s earlier statement, it seems unlikely Sen. Manchin or Sen. Kyrsten Sinema (D-AZ) would have supported including green card recapture in the bill if, as appears probable, the current Senate parliamentarian advised the measure would violate budget reconciliation rules. Note also Senate Majority Leader Chuck Schumer (D-NY) adopted a strategy of zeroing out spending within the Judiciary Committee’s jurisdiction to force Republican amendments on immigration to meet a 60-vote margin for germaneness. (Title 42 did not fall within the Judiciary Committee’s jurisdiction.)

Other Legislation

Another legislative vehicle emerged due to international events. After Russia invaded Ukraine in February 2022, a weak point for the Putin regime was its ability (or inability) to keep high-skilled technical talent living and working inside Russia. Washington Post columnist Catherine Rampell recommended using legislation to “Drain Putin’s Brains.”

In a letter to the House on April 28, 2022, the Biden administration provided legislative language on Russian scientists and engineers as part of the FY 2022 emergency supplemental funding for Ukraine. The language would have allowed Russians with a master’s or doctoral degree in a STEM field to obtain permanent residence (a green card) without a backlog or employer sponsorship.

The emergency supplemental for Ukraine passed Congress without any non-spending measures, including the provision for Russian scientists and engineers.

In July 2022, hopes were high the FY 2023 defense authorization bill would include an amendment on green cards for individuals with Ph.D.s in science and engineering. In what has become a familiar story, it was not to be.

“According to a Congressional source, the House Rules Committee did not rule the amendment in order because the Congressional Budget Office (CBO) said the provision would cost $1 billion over 10 years,” as reported in July. “To address the issue and offset the cost, a $7,500 fee was added for the individuals who received permanent residence under the provision. However, the House Ways and Means Committee said the fee could not be included because it amounted to a tax and, therefore, violated Clause 5(a) of Rule 21 of the rules of the House of Representatives.”

It is unclear how CBO determined the $1 billion cost and how advocates can address the issues raised by the CBO score in the future. There is no word about adding the provision to the Senate’s defense bill.

A few bills related to employment-based immigration remain in play in Congress. On June 7, 2022, H.R. 3648, the Eagle Act of 2022, was reported out of the House Judiciary Committee on a 22-14 vote. The bill would eliminate the per-country limit for employment-based immigrants, with a phase-in period. It also would add new restrictions and requirements on H-1B visas, raise the per-country limit on family applicants from 7{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} to 15{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8}, provide protection to children from aging out on a parent’s application and allow for adjustment of status within two years of an approved employment petition. Individuals would receive work authorization and advance parole for travel purposes.

In the House defense authorization bill, an amendment was included by Rep. Deborah K. Ross (D-NC) and Rep. Mariannette Miller-Meeks (R-IA) to “protect dependent children of green card applicants and employment-based nonimmigrants who face deportation when they age out of dependent status,” reported Roll Call. Sen. Alex Padilla (D-CA) and Sen. Rand Paul (R-KY) introduced the America’s Children Act, the Senate companion. The measure in the defense authorization bill would need to pass in the Senate to become law. (See here for more on this issue.) Sen. Grassley said in an August 2022 town hall meeting the measure could be included in an omnibus or the defense bill “if we can get bipartisan agreement,” which is positive but short of a personal commitment to support the legislation.

In June 2022, in the House Appropriations Committee, an amendment was added to the House Homeland Security spending bill to provide relief for individuals waiting for green cards in the family and employment-based backlog. The amendment authorizes using unused green cards going back to 1992, per Bloomberg Government. “The language of the amendment (see here) . . . means tens of thousands of individuals waiting in the employment-based immigrant backlog would benefit, as well as individuals waiting in family backlogs,” as reported in this Forbes article in June.

The Senate Appropriations bill for FY 2023 for Homeland Security also contains green card measures for those waiting in family and employment backlogs. The House and Senate green card measures face significant obstacles since non-spending provisions face a high hurdle to remain in a spending bill.

Blocking High-Skilled Immigrants

House and Senate Democrats and the Biden administration have supported or proposed several bills and measures to reduce the employment-based green card backlogs and exempt highly skilled foreign nationals from immigration quotas. Senate Democrats did not sacrifice a chance to pass the CHIPS Act after Sen. Grassley opposed including a STEM Ph.D. exemption.

Republicans in Congress in a position to influence legislative outcomes are now opposing any positive measures on legal immigration. As one executive of a leading technology company told me, “If there are people in Congress who aren’t going to support more green cards for Ph.D.s in STEM fields, what will they support?”