Amerriican IImmiigrrattiion Lawyerrs Associiattiion
Senate Restores Provisions Allowing Guest Workers to Self-Petition for Permanent
Residence; Kills Attempt to Strike Path to Citizenship
Today’s session began with Senator Kennedy (D-MA) offering a competing amendment (no.
4065) to the Cornyn/Kyl amendment (no. 3965) that the Senate approved yesterday afternoon by
a narrow vote of 50-48. The Cornyn/Kyl amendment essentially would have gutted the
provisions of the bill that allow H-2C visa holders to self-petition for permanent residence,
allowing for such self-petitions only if an employer attests that the employer will employ the
worker in the offered job position, and the Secretary of Labor certifies that there are not
sufficient U.S. workers who are able, willing, qualified, and available to fill the position.
Senator Kennedy’s alternative would allow an H-2C worker with the requisite 4 years in H-2C
status (this time requirement was included in the original legislation) to self-petition for
permanent residence if the worker successfully petitions the Labor Department for a certification
that no U.S. workers are willing and available to fill the job, and submits at least 2 documents
from the following list to establish current employment: (1) records maintained by the SSA; (2)
records maintained by the alien’s employer; (3) records maintained by the IRS; or (4) records
maintained by any other government agency.
Senators approved the Kennedy amendment 56-43.
Lawmakers next took up an amendment by Senator Ensign (R-NV) (no. 3985) that would amend
both the Social Security Act and the underlying immigration bill to bar individuals who have
legalized from consolidating their social security earnings and obtaining social security credits
for income earned prior to the time that the alien was assigned a valid social security number.
A Motion to Table the Ensign amendment was approved on a 50-49 vote, effectively killing the
proposal.
Next up was an amendment offered by Senator Akaka (D-HI) (no.4029) that would exempt from
the numerical limitations on family-based immigrants the unmarried and married sons and
daughters of naturalized Filipino World War II veterans.
Senators approved the Akaka amendment on a voice vote.
Senator Vitter offered an amendment (no. 3964) that would: (1) strike the provisions in section
601 of the bill that allow applicants for earned adjustment to submit sworn declarations as proof
of employment history; (2) require sworn affidavits from non-relatives to include detailed
contact and other verification information (for both earned adjustment and DMD applicants); (3)
strike the “Intent of Congress” language that the documentation requirements “be interpreted in a
manner that recognizes and takes into account the difficulties encountered by aliens in obtaining
evidence of employment due to the undocumented status of the alien”; and (4) “clarify” that the
alien has the burden of proving his or her employment history by a preponderance of the
evidence.



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