AILA's 8 Points from the Senate Immigration Bill
"AILA issued this
press release commending the Senators for
their work on the bill...here are but a few things S.744 would do:
1. Legalization: Allow noncitizens who are
unlawfully present and who entered the U.S. before December 31, 2011 to adjust
status to that of Registered Provisional Immigrant (RPI). Eligible applicants
would be required to pay a penalty and back taxes. Individuals in RPI status
would receive work authorization and may travel abroad. They would also become
eligible to apply for LPR status after 10 years, and can apply for
naturalization 3 years after acquiring a green card. Includes generous
provisions for DREAMers and agricultural workers.
2. Family-Based Immigrants: Move the current
FB-2A category into the immediate relative classification, allow for
derivatives of immediate relatives, eliminate the FB-4 category, cap the age of
eligibility of married sons and daughters of U.S. citizens at 31, and bring back
the V visa.
3. Employment-Based Immigrants: Exempt the
following categories from the quota: EB-1 immigrants, doctoral degree holders,
physicians who have completed the foreign residency requirement, and
derivatives. Add a new "EB-6" category for certain entrepreneurs.
4. Temporary Workers: Create a W-1 visa for
lesser-skilled workers, a W-2 visa for aliens coming to the U.S. temporarily to
perform agricultural services or labor under a written contract, and a W-3 visa
for "at-will" workers with an offer of full-time employment in an
agricultural occupation. The W-2 and W-3 visas would replace the current H-2A
agricultural worker program.
5. Asylum: Eliminate the one-year filing
deadline and authorize asylum officers to grant asylum during credible fear
interviews.
6. E-Verify: Require all employers to be on
the system after 5 years.
7. H-1Bs: Increase the quota to a floor of
110,000 and a ceiling of 180,000, increase the U.S. advanced degree exemption
to 25,000 but limit it to STEM graduates, add a recruitment requirement for all
H-1B labor condition applications involving a detailed posting on an Internet
site designed by the Labor Department, add a non-displacement attestation,
change the prevailing wage formula, provide EADs for spouses, and add a 60-day
grace period after an H-1B has been terminated from his or her job.
8. Fraud: Make it a crime to knowingly
defraud an immigrant or hold oneself out as an attorney or BIA accredited
representative when one is not authorized to do so. Require the identification
of individuals who assist immigrants with the completion of forms and empower
the Attorney General with injunctive authority to act against an unscrupulous
"immigration service provider" at the federal level."
courtesy of AILA, http://www.aila.org
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