Lev Kobrin
03-04-2006, 05:54 PM
Comprehensive Immigration Reform Debate Begins Today
March 02, 2006
The much awaited Senate debate on comprehensive immigration reform begins today. The Senate Judiciary Committee will hold executive business meetings ("mark-up") to consider the comprehensive immigration reform bill proposed by Chairman Arlen Specter (R-PA). Below are the highlights of the bill.
New H-2C Temporary Worker program
Guest Worker: The new category would authorize the issuance of a temporary visa to an individual who (1) is capable of performing the labor or services required for the occupational classification; (2) has received an offer of employment; (3) pays a $500 fee in addition to the cost of processing and adjudicating the application; and (4) undergoes a medical exam at their own expense.
Period of stay: The initial authorization of H-2C status would run for three years, and could be extended for one additional three-year period. At the conclusion of the six-year period, the individual could not reenter the U.S. in H-2C status until he or she had been in his or her home country for at least one year.
Status: If they remain unemployed for more than 45 days, they could lose their H-1C status. Portability would be allowed.
Dependants: Family members may accompany the principal under H-4 status on payment of additional $500 fee.
Student Visas
New F-4 visa: The bill would create a new F-4 visa for individuals pursuing an advanced degree in a math, engineering, technology, or physical sciences program. The F-4 visa would be valid for an additional year after completion of the graduate program while the individual seeks full-time employment related to the field of study.
Permanent residence for F-4 nonimmigrants: The bill would also allow students in the newly established F-4 visa classification to be intending immigrants if they plan to seek employment in the U.S. related to the graduate program’s field of study. They will be able to adjust their status to permanent residence immediately on payment of $1,000 fee.
Increase in OPT period: The bill would authorize 24 months of optional practical training for F-1 students.
Off-campus employment: All F students would be eligible for off-campus employment unrelated to the field of study if they maintain good academic standing and the employer attests to the educational institution and the Department of Labor that it has spent at least 21 days recruiting U.S. citizens to fill the position and will pay the greater of the actual or prevailing wage. Such off-campus employment is limited to 20 hours per week during the academic term and 40 hours per week during vacation periods and between terms.
H-1B Cap
Flexible H-1B Cap: The bill proposes to increase the numbers of H-1B visas available (to 115,000 in the fiscal year following enactment) and adds a market-based escalator mechanism so that the number available annually will fluctuate in response to the demand for such visas in the preceding fiscal year.
Cap-exempt visas: In addition, it exempts from the numerical limitation foreign nationals who have earned advanced degrees in science, technology, engineering, or math.
Visas for Individuals with Advanced Degrees
Exempt from numerical limitation: The bill would exempt from the numerical limitations on employment-based immigration foreign nationals with advanced degrees in science, technology, engineering, or math who have been working in a related field in the United States on a nonimmigrant visa during the three year period immediately preceding their application for an immigrant visa.
Flexible labor certification: The bill would also subject such nationals with advanced degrees to more flexible special handling labor certification procedures.
Conditional Nonimmigrant Work Authorization
Work authorization: The bill would grant a "conditional nonimmigrant work authorization and status to remain in the United States” to aliens who were employed in the United States on January 4, 2004. The alien’s employer would be required to a $500 application fee.
Dependants: Spouses and minor children of these workers could qualify to remain in the U.S., although not to work, upon payment of a $100 fee.
Family Based Green Cards
Immediate relatives removed from annual ceiling: Immediate relatives (spouses, children, and parents) of U.S. citizens will be removed from the annual worldwide ceiling of 480,000 family-based visas and redistribute them elsewhere in the family-based preference system. It would also redistribute the 480,000 family based immigrant visas among the existing four family-based preference categories and redistribute the 290,000 employment-based visas, making modifications to the categories. The bill would also raise the per-country limits.
Employment Based Green Cards
Increase ceiling: The bill would increase the ceiling on employment-based visas from 140,000 to 290,000 as well as the per-country ceilings. It would also exempt spouses and children of employment-based immigrants from the limits.
March 02, 2006
The much awaited Senate debate on comprehensive immigration reform begins today. The Senate Judiciary Committee will hold executive business meetings ("mark-up") to consider the comprehensive immigration reform bill proposed by Chairman Arlen Specter (R-PA). Below are the highlights of the bill.
New H-2C Temporary Worker program
Guest Worker: The new category would authorize the issuance of a temporary visa to an individual who (1) is capable of performing the labor or services required for the occupational classification; (2) has received an offer of employment; (3) pays a $500 fee in addition to the cost of processing and adjudicating the application; and (4) undergoes a medical exam at their own expense.
Period of stay: The initial authorization of H-2C status would run for three years, and could be extended for one additional three-year period. At the conclusion of the six-year period, the individual could not reenter the U.S. in H-2C status until he or she had been in his or her home country for at least one year.
Status: If they remain unemployed for more than 45 days, they could lose their H-1C status. Portability would be allowed.
Dependants: Family members may accompany the principal under H-4 status on payment of additional $500 fee.
Student Visas
New F-4 visa: The bill would create a new F-4 visa for individuals pursuing an advanced degree in a math, engineering, technology, or physical sciences program. The F-4 visa would be valid for an additional year after completion of the graduate program while the individual seeks full-time employment related to the field of study.
Permanent residence for F-4 nonimmigrants: The bill would also allow students in the newly established F-4 visa classification to be intending immigrants if they plan to seek employment in the U.S. related to the graduate program’s field of study. They will be able to adjust their status to permanent residence immediately on payment of $1,000 fee.
Increase in OPT period: The bill would authorize 24 months of optional practical training for F-1 students.
Off-campus employment: All F students would be eligible for off-campus employment unrelated to the field of study if they maintain good academic standing and the employer attests to the educational institution and the Department of Labor that it has spent at least 21 days recruiting U.S. citizens to fill the position and will pay the greater of the actual or prevailing wage. Such off-campus employment is limited to 20 hours per week during the academic term and 40 hours per week during vacation periods and between terms.
H-1B Cap
Flexible H-1B Cap: The bill proposes to increase the numbers of H-1B visas available (to 115,000 in the fiscal year following enactment) and adds a market-based escalator mechanism so that the number available annually will fluctuate in response to the demand for such visas in the preceding fiscal year.
Cap-exempt visas: In addition, it exempts from the numerical limitation foreign nationals who have earned advanced degrees in science, technology, engineering, or math.
Visas for Individuals with Advanced Degrees
Exempt from numerical limitation: The bill would exempt from the numerical limitations on employment-based immigration foreign nationals with advanced degrees in science, technology, engineering, or math who have been working in a related field in the United States on a nonimmigrant visa during the three year period immediately preceding their application for an immigrant visa.
Flexible labor certification: The bill would also subject such nationals with advanced degrees to more flexible special handling labor certification procedures.
Conditional Nonimmigrant Work Authorization
Work authorization: The bill would grant a "conditional nonimmigrant work authorization and status to remain in the United States” to aliens who were employed in the United States on January 4, 2004. The alien’s employer would be required to a $500 application fee.
Dependants: Spouses and minor children of these workers could qualify to remain in the U.S., although not to work, upon payment of a $100 fee.
Family Based Green Cards
Immediate relatives removed from annual ceiling: Immediate relatives (spouses, children, and parents) of U.S. citizens will be removed from the annual worldwide ceiling of 480,000 family-based visas and redistribute them elsewhere in the family-based preference system. It would also redistribute the 480,000 family based immigrant visas among the existing four family-based preference categories and redistribute the 290,000 employment-based visas, making modifications to the categories. The bill would also raise the per-country limits.
Employment Based Green Cards
Increase ceiling: The bill would increase the ceiling on employment-based visas from 140,000 to 290,000 as well as the per-country ceilings. It would also exempt spouses and children of employment-based immigrants from the limits.