Senate Democrat Comprehensive Immigration Reform Proposal

The following summary of the Senate’s CIR proposals was provided by Attorney Matthew Oh:

04/29/2010: Senate Democrat CIR Proposal: Legalization of 10.8 Million Illegal Aliens

• Initial Threshold requirements:
  • Currently in the U.S.
  • No criminal record of federal or state felony or three or more misdemeanors
  • No history of participation in persecution of others
  • Not inadmissible under 212(a) of Immigration & Nationality Act in certain categories including national security or criminal grounds
  • Currently “not” in an authorized immigrant or nonimmigrant status (only illegal aliens are eligible)
  • Entered the U.S. without inspection (EWI) “after” the date of “introduction of this bill.” In other words, EWIs are eligible inasmuch as they entered before the bill is introduced.
• Step I mandatory legalization application process:
  • Come out of closet, register, and go through biometrics, name checks, security checks.
• Step II Reside and Travel on interim Lawful Prosepctive Immigrant (LPI) status for 8 years (Back of the Line Provision)
• Step III Apply for Green Card (I-485) and meet the following requirements for eligibility:
  • Pass Basic Citizenship Skill test
  • Pass English Language Skill test
  • Proof of “continuous” residence since registration
  • Pass terrorism, criminal history, and other security and name checks
  • Proof of payment of all federal income taxes, fees, civil penalties
  • Proof of compliance with Registration for Selective Services for certain age applicants.
• Step IV Following-to-Join Immigrant Spouse and Children Abroad
  • Once LPR is granted through the foregoing steps, his or her spouse and children overseas will be eligible for application for immigrant visas.

04/29/2010: Senate Democrat CIR Proposal: Legalization of Illegal Aliens

• Three programs:
  • Legalization of 10.8 million aliens currently in the U.S. with no legal status
  • DREAM Act for youngsters
  • AgJOBS Act for farm workers and adjustment of status
• We will see the first program in details.

04/29/2010: Senate Democrat CIR Proposal: Family-Based Immigration Program Reform

• • Recapture of unused visa numbers
  • Backlog elimination within 8 years
  • Spouses and children of LPR considered “immediate relatives” and not subject to immigrant visa quota just like spouses and children of USC under the present system
  • Change per country family immigration limit from current 7% to 10% of total admissions
  • Immigrant benefits for widows and orphants of USC
  • Permanent partners (gays) of USC or LPR eligible for green card just like those spouses of USC or LPR
  • Exempt of children of Filipino WW II veterans from immigrant numerical limitation
  • Certain special protections for children and people with humanitarian considerations
  • Reform to stepchildren and adoptive children programs

04/29/2010: Senate Democrat CIR Proposal: Other Employment-Based Visa Program Reforms

• • New visas to promote property ownership by foreign nationals for enhancement of housing marked
  • Eliminate sunset date and make permanent R-1 religious worker program
  • Eliminate sunset date and make permanent Conrad 30 J-1 for international medical graduates
  • H-1B and J-1 program reform for international medical graduates to make easily obtainerable and to allow easier path to green card down the road
  • E-3 visa which is currently available for Australian will be extended to Ntionals of Ireland
  • Fashion models visa shifted from current H-1B visa to O or P visa
  • Nurse and physical therapist shortage alleviation program
  • Technical change to EB-5 investor program

04/29/2010: Senate Democrat CIR Proposal: Creation of New Provisional H-2C Non-Seasonal/Non-Agricultural Worker Visa Program (This is not H-1C for Nurses!)

• • Initial 3-year and renewable for 3 more years upto maxium 6 year limit.
  • Dual intent permitted
  • Portability of employer after one-year
  • Annual cap adjusted each year per unemployment rate and relevant economic indicators
  • Require the labor market test through recruitment including America’s Job Bank and SWA
  • Practical requirement of no displacement of US workers
  • Employer can hire H-2C workers after reaching the cap upon the following conditions:
    • pay additional fees
    • hightened wage paid to the H-2C employee
    • engage in additional recrruiment for the labr market test

04/29/2010: Senate Democrat CIR Proposal: H-2B Temporary Non-Agriculcural Worker Program Reform

• • Requirement of payment of higher wages than the current wages paid, either the wage set forth in a collecive bargaining agreement, or if there is no collective bargaining agree, then higher than:
    • Wage determination under Davis-Bacon Act;
    • Wage under Service Contract Act;
    • Median rate of the highest 50% of the wage data in the most recent OES Survey; or
    • 133% of minimum wage.
  • Employer’s return transportation cost liability upon termination
  • No Returning Worker when unemployment rate exceeds % unless the unemployment rate in the metropolitan area of intended place of employment falls below 6.0%.

04/29/2010: Senate Democrat CIR Proposal: H-2A Temporary Farm Worker Program Reform

• • Adopts AgJOBS bill (Readers may refer to Senator Dianne Feinstine bill)

04/29/2010: Senate Democrat CIR Proposal: L-1 Reform Part

• • Limit L-1 numbers for employers hiring 50 or more workers
  • Limit of L-1B of client-site services to one-year visa only, with waiver in the discretion of DHS
  • Changes in:
    • New Office L-1 requirements
    • Wage rates and work condition requirements
    • Employer penalty
    • Reenforced DHS authority to investigate noncompliance employers

04/29/2010: Senate Democrat CIR Proposal: H-1B Reform Part

• • Changes in H-1B application requirements:
    • Revise wage determination requirements
    • Require Internet posting
    • Lengthen US worker “displacement” protection period
    • Require current H-1B dependent employer restrictions to all H-1B employers
    • Prohibition of advertisement requiring H-1B nonimmigrants
    • Limit H-1B numbers for employers hiring 50 or more workers
  • DOL enforcement authrity:
    • Investigation for frauds
    • H-1B compliance audits

04/29/2010: Senate Democrat CIR Proposal: Employment-Based “Immigration”

• • Elimination of per country limit (cap) for employment-based immigration categories
  • Recapture of unused visa numbers
  • Immediate Green Card available for U.S. STEM Advance Degree holders with job offered in the STEM fields
  • Dual Intent of foreign students entering the country to study STEM

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Written by Chris Jaensch

Attorney P. Christopher Jaensch received a Bachelor of Arts degree in History in 1992 and a Juris Doctor degree in 1995 from the University of Florida. While at UF, he was a member of Sigma Chi Fraternity, Phi Beta Kappa Society and Florida Blue Key, the oldest and most prestigious leadership honorary in the state of Florida.

Mr. Jaensch is a member of the Florida Bar, the American Immigration Lawyers Association (AILA) and the Sarasota Bar Association. He has served as President of the Sarasota-Manatee International Trade Club and served as Regional Vice Chair, Tampa Bay, for the Central Florida Chapter of AILA. He was a member of City of Sarasota Charter Review Committee and has been active in several local organizations, including the influential Laurel Park Neighborhood Association in downtown Sarasota.

Mr. Jaensch has over 18 years of experience in the field of immigration and nationality law and focuses his practice on four primary categories (a) investors and entrepreneurs, (b) business executives, managers and professionals, (c) amateur and professional athletes and coaches and (d) performing artists and immigrants with extraordinary ability.