more details on STRIVE Act
more details on STRIVE Act
Date: Monday, March 26, 2007 11:08 AM
<<<<< JOB DESTRUCTION NEWSLETTER No. 1662 -- 3/26/2007 >>>>>
More details are emerging on the bill introduced by Rep. Luis Gutierrez,
D-Ill., and Rep. Jeff Flake, R-Ariz., called the Security Through
Regularized Immigration and a Vibrant Economy Act (STRIVE).
So far the STRIVE Act is getting broad bipartisan support. Nancy Pelosi
applauds the legislation as well as a broad mix of Congress. Considering
the scattered and unorganized opposition to the bill, and the massive and
overwhelming support of the open-border and cheap labor lobbies, I agree
with the Marianne Kolbasuk McGee's analysis that this bill has a much
better chance of passing than the bills of 2006.
Alternative names for this bill are gaining popularity: two good ones are
the "STARVE ACT" and the "SCREW BILL".
Here is a summary of the employment visa aspects of STRIVE. The other
facets to the bill such as amnesty and border enforcement are out of the
scope of this newsletter so they will not be discussed. I highly recommend
going to websites such as FAIRUS and NumbersUSA for that type of
information.
<<<<< H-1B Visa >>>>>
1) Increases the cap on H-1B visas to 115,000 the first year. It can be
increased to 180,000 per year during any given fiscal year if the 115,000
cap is met.
2) Unlimited exemptions to the H-1B cap are given to foreign students who
graduate with advanced degrees in science, technology, engineering, or
math.
3) Aliens with advanced skills have unlimited exemptions from the H-1B cap.
This is an interesting one that needs more study. Currently the H-1B
program claims that all visa holders have advanced skills, so is this just
a backdoor way to make H-1B unlimited?
4) Unlimited exemptions in the H-1B cap for nurses and perhaps other types
of medical professionals. This may be included in #3 for advanced skills.
<<<<< H-2C Worker Visa Program >>>>>
A visa for unskilled workers that has a path towards amnesty for those that
have been working in the U.S. illegally. The visa starts with a yearly cap
of 400,000 that can be increased if employers want more of them. In effect,
the visa cap is unlimited.
<<<<< Employment based Green Cards >>>>>
Increases the yearly limit from 140,000 to 290,000 per fiscal year. These
visas can be issued for both skilled and unskilled workers. Visas for
spouses and children will be capped at 800,000 per year. Based on this
math, average family size is expected to be between 2-6.
In summary the STRIVE bill gives almost unlimited visas for foreign workers
who have college degrees, no college degrees but have advanced skills, or
to foreigners who have no skills but a strong backs. That should include
the 99,99% of the American public that aren't lucky enough to be
politicians and CEOs!
Materials Used
http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9014081&intsrc=hm_list
House bill seeks to more than double H-1B visa cap
http://www.informationweek.com/news/showArticle.jhtml?articleID=198500507
Congress Is Back And Here Comes Another Round Of H-1B Legislation
http://www.informationweek.com/news/showArticle.jhtml?articleID=198500203
New Immigration Bill Has Some Familiar H-1B Visa Proposals
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=legislation_regulation&articleId=9014081&taxonomyId=70&ints
rc=kc_top
House bill seeks to more than double H-1B visa cap
http://www.computerworld.com/blogs/node/5237
Here's the official summary of the new H-1B bill; Pelosi applauds
legislation
NOTE: I highly recommend going directly to those links provided. More links
are provided on the websites and several of these articles allow readers to
leave comments.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9014081&intsrc=hm_list
House bill seeks to more than double H-1B visa cap
Patrick Thibodeau
March 22, 2007 (Computerworld) Legislation seeking to hike the federal
government's annual cap on H-1B visas from the current limit of 65,000 to
as many as 180,000 was introduced in the U.S. House today, in what likely
will be the start of another push in Congress to allow more technology
workers into the U.S.
The H-1B proposal, which is part of a wider immigration reform bill
co-sponsored by Reps. Luis Gutierrez (D-Ill.) and Jeff Flake (R-Ariz.),
also would do more than raise the visa cap. The measure seeks to remove all
limits on issuing visas to foreign nationals who have advanced degrees in
science, technology, engineering or math from U.S. universities.
Advanced degree holders can already be issued visas on top of the regular
H-1B cap, but the number of extra visas made available for them is limited
to 20,000 in a single government fiscal year.
In addition, the legislation would exempt foreign workers with
"extraordinary ability" in certain areas, including science and business,
from some of the requirements for obtaining green cards that give them
permanent residency status in the U.S. That provision is aimed at making it
easier for such workers to obtain the cards.
Other bills related to the guest worker program may also be introduced in
the House this year, and Sens. Edward Kennedy (D-Mass.) and John McCain
(R-Ariz.) have been working on an immigration reform bill of their own.
The Gutierrez-Flake bill is called the STRIVE Act of 2007, for Security
Through Regularized Immigration and a Vibrant Economy. If approved, it
would increase the H-1B visa cap to 115,000 per fiscal year. And if that
limit was reached, the bill would allow for automatic increases to as much
as 180,000 visas based on market demand.
High-tech companies and trade groups have been pushing Congress to increase
the H-1B cap for the past two years. Earlier this month, Microsoft Corp.
Chairman Bill Gates testified before the Senate Committee on Health,
Education, Labor and Pensions, as the sole witness at a hearing on U.S.
competitiveness, and called for an increase in the H-1B cap and an
expedited green card process for highly skilled workers.
Compete America, a Washington-based group that includes IT vendors, trade
associations and universities and is lobbying for an H-1B cap increase,
today praised the visa-related provisions in the legislation introduced by
Gutierrez and Flake.
Robert Hoffman, vice president of government and public affairs at Oracle
Corp. and co-chairman of Compete America, said in a statement that the H-1B
cap for fiscal 2008, which doesn't start until October, is likely to be
reached next month. In light of that, "and with multiyear backlogs in all
employment-based visa categories growing, it is imperative that meaningful
reform occur this year," Hoffman said.
But opponents argue that the H-1B program is loosely regulated and that the
visas are being used to push down the wages of U.S. workers and help
facilitate the offshore outsourcing of tech jobs. However, some H-1B
opponents may support efforts to make it easier for foreign workers to get
green cards.
Both Flake and Gutierrez are members of the House Judiciary Committee,
which means that their bill will at least get a hearing before that panel.
The H-1B provisions are very similar to the ones that were included in last
year's so-called SKIL Bill, which was formally known as the Securing
Knowledge, Innovation and Leadership Act. That measure also proposed
raising the cap to 115,000 visas, and it included an automatic 20% increase
if the cap was reached.
But the bill drew a lot of criticism from H-1B opponents because, in
addition to increasing the cap, it wouldn't have done anything to reform
the visa program. It became entangled in the wider immigration debate and
wasn't adopted.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.informationweek.com/news/showArticle.jhtml?articleID=198500507
Congress Is Back And Here Comes Another Round Of H-1B Legislation
Will this be the year they raise the cap?
By Marianne Kolbasuk McGee, InformationWeek
March 24, 2007
With a new session of Congress comes a new round of immigration reform
bills. The first out includes a familiar provision: to raise the H-1B visa
cap.
Gutierrez and Flake try their hand at immigration reform
Gutierrez and Flake try their hand at immigration reform
Rep. Luis Gutierrez, D-Ill., and Rep. Jeff Flake, R-Ariz., last week
introduced the Security Through Regularized Immigration and a Vibrant
Economy Act. It includes a proposal to increase the annual cap on H-1B
visas--the visas most often used to bring in foreign tech pros--from 65,000
to 115,000. The acronym-grasping act, known as Strive, proposes upping the
limit to 180,000 in subsequent years if the 115,000 cap is reached during a
given fiscal year. The bill also proposes exempting from the cap certain
individuals who have earned an advanced degree in science, technology,
engineering, or math at U.S. schools.
In each of the last several years, the H-1B cap was reached months before
the new fiscal year even began. On April 1, the federal government will
begin accepting H-1B petitions for fiscal 2008, which begins on Oct. 1.
Once again, we'll be watching to see how fast the visas are snapped up.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.informationweek.com/news/showArticle.jhtml?articleID=198500203
New Immigration Bill Has Some Familiar H-1B Visa Proposals
The "Strive Act," which addresses many hot-button issues, including border
security, might have a better chance of passage this time around.
By Marianne Kolbasuk McGee
InformationWeek
March 22, 2007 06:00 PM
A new session of Congress means a new round of immigration reform bills.
The first among the new proposals -- touting a familiar provision to raise
the H-1B visa cap -- was slated for introduction today in the U.S. House of
Representatives.
The comprehensive bipartisan "Security Through Regularized Immigration and
a Vibrant Economy Act of 2007," or Strive Act, is being unveiled by U.S.
Reps. Luis Gutierrez, D-Ill., and Jeff Flake, R-Ariz.
The new legislation is a comprehensive immigration reform bill that
addresses many hot-button issues, including border security, that were also
featured in other reform bills introduced last year in the Senate and
House, but which failed to get traction.
Like those earlier sidelined bills, Strive proposes to increase the annual
cap on H-1B visas -- the visa most commonly used for foreign technology
pros -- from the current ceiling of 65,000 to 115,000. The Strive Act also
proposes increasing the limit up to 180,000 in subsequent years if the
115,000 cap is reached during a given fiscal year. In addition, the bill
proposes exempting from the cap certain individuals who have earned an
advanced degree in science, technology, engineering, or math at U.S.
schools.
In the last several years, the H-1B cap has been hit months before the new
fiscal year even began.
The U.S. government on April 1 will begin accepting H-1B petitions for
fiscal 2008, which begins on Oct. 1.
A spokesman for Flake says the Strive Act "is a continuation" of the sort
of reforms that were proposed last year. However, the representative is
"hopeful" the Strive bill will pass because "the Democrats want
comprehensive reform."
Among the bills that lost steam last year in the Senate was the Skil bill,
which was more narrowly focused than the other immigration reform bills
that were introduced. The Skil bill zeroed in on issues related to raising
the annual H-1B visa cap and streamlining processes related to so-called
employment-based green cards, or permanent residency.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=legislation_regulation&articleId=9014081&taxonomyId=70&ints
rc=kc_top
House bill seeks to more than double H-1B visa cap
Patrick Thibodeau
March 22, 2007 (Computerworld) Legislation seeking to hike the federal
government's annual cap on H-1B visas from the current limit of 65,000 to
as many as 180,000 was introduced in the U.S. House today, in what likely
will be the start of another push in Congress to allow more technology
workers into the U.S.
The H-1B proposal, which is part of a wider immigration reform bill
co-sponsored by Reps. Luis Gutierrez (D-Ill.) and Jeff Flake (R-Ariz.),
also would do more than raise the visa cap. The measure seeks to remove all
limits on issuing visas to foreign nationals who have advanced degrees in
science, technology, engineering or math from U.S. universities.
Advanced degree holders can already be issued visas on top of the regular
H-1B cap, but the number of extra visas made available for them is limited
to 20,000 in a single government fiscal year.
In addition, the legislation would exempt foreign workers with
"extraordinary ability" in certain areas, including science and business,
from some of the requirements for obtaining green cards that give them
permanent residency status in the U.S. That provision is aimed at making it
easier for such workers to obtain the cards.
Other bills related to the guest worker program may also be introduced in
the House this year, and Sens. Edward Kennedy (D-Mass.) and John McCain
(R-Ariz.) have been working on an immigration reform bill of their own.
The Gutierrez-Flake bill is called the STRIVE Act of 2007, for Security
Through Regularized Immigration and a Vibrant Economy. If approved, it
would increase the H-1B visa cap to 115,000 per fiscal year. And if that
limit was reached, the bill would allow for automatic increases to as much
as 180,000 visas based on market demand.
High-tech companies and trade groups have been pushing Congress to increase
the H-1B cap for the past two years. Earlier this month, Microsoft Corp.
Chairman Bill Gates testified before the Senate Committee on Health,
Education, Labor and Pensions, as the sole witness at a hearing on U.S.
competitiveness, and called for an increase in the H-1B cap and an
expedited green card process for highly skilled workers.
Compete America, a Washington-based group that includes IT vendors, trade
associations and universities and is lobbying for an H-1B cap increase,
today praised the visa-related provisions in the legislation introduced by
Gutierrez and Flake.
Robert Hoffman, vice president of government and public affairs at Oracle
Corp. and co-chairman of Compete America, said in a statement that the H-1B
cap for fiscal 2008, which doesn't start until October, is likely to be
reached next month. In light of that, "and with multiyear backlogs in all
employment-based visa categories growing, it is imperative that meaningful
reform occur this year," Hoffman said.
But opponents argue that the H-1B program is loosely regulated and that the
visas are being used to push down the wages of U.S. workers and help
facilitate the offshore outsourcing of tech jobs. However, some H-1B
opponents may support efforts to make it easier for foreign workers to get
green cards.
Both Flake and Gutierrez are members of the House Judiciary Committee,
which means that their bill will at least get a hearing before that panel.
The H-1B provisions are very similar to the ones that were included in last
year's so-called SKIL Bill, which was formally known as the Securing
Knowledge, Innovation and Leadership Act. That measure also proposed
raising the cap to 115,000 visas, and it included an automatic 20% increase
if the cap was reached.
But the bill drew a lot of criticism from H-1B opponents because, in
addition to increasing the cap, it wouldn't have done anything to reform
the visa program. It became entangled in the wider immigration debate and
wasn't adopted.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.computerworld.com/blogs/node/5237
Here's the official summary of the new H-1B bill; Pelosi applauds
legislation
By Patrick Thibodeau on Fri, 03/23/2007 - 10:29am
Here's the official summary of the new H-1B bill; Pelosi applauds
legislation The new H-1B legislation, STRIVE Act of 2007, is getting the
support by U.S. House Speaker Nancy Pelosi, a clear signal that this may be
the major bill on immigration and H-1B in The House.
Her statement of support arrives before this legislation has even been made
available online at Congress.gov. -- at least at the time of this posting.
The full name of the STRIVE Act stands for Security Through Regularized
Immigration and a Vibrant Economy and it's being introduced by U.S. Reps.
Luis Gutierrez (D-Ill.) and Jeff Flake (R-Ariz.)
This is a summary of the immigration bill's major provisions. For
information about the H-1B-specific provisions, scroll to the section
marked Title V -- Visa Reforms.
(For some background on the H-1B program and who uses it by occupation,
see this report by U.S. Citizenship and Immigration Services. This report
is several years old. One of the frustrating things about the H-1B issue is
the lack of data and analysis made available on the visa's usage by federal
immigration and labor authorities.)
What follows is the long version of the summary prepared by the bill's
sponsors:
Summary of Security Through Regularized Immigration and a Vibrant Economy
Act of 2007 (STRIVE ACT of 2007)
TITLE I BORDER ENFORCEMENT
Certification Requirements Prior to Implementation of Earned Legalization
of Undocumented Individuals and New Worker Program: Sets conditions that
must be met before implementation of the new worker program and the program
to legalize undocumented individuals. The Secretary of DHS must certify to
Congress that improvements in border surveillance technology are being
implemented; that the systems and infrastructure necessary to carry out
improvements to immigration document security are ready to use; and that
the first phase of the Electronic Employment Verification System requiring
the participation of critical infrastructure employers has been
implemented.
Increased Border Enforcement Personnel: Increases border and other
enforcement personnel, including port of entry inspectors (2500),
immigration and customs enforcement investigators (1200), border patrol
agents (11600), and Deputy United States Marshals (50). The bill also
requires DHS to assign at least a 20% net increase in border patrol agents
in each fiscal year between 2008-2012 to the Canadian border.
Assistance from Department of Defense: Requires DHS and DOD to work
together to implement a plan to increase DHS use of DOD equipment in
carrying out surveillance activities at or near the United States border.
Requires both agencies to submit a related report to Congress.
Strengthening Infrastructure for Border Control: Requires DHS to
construct all-weather roads and acquire additional vehicle barriers and
facilities necessary to achieve operational control of the U.S. borders.
Improvements to Ports of Entry: Authorizes DHS to construct additional
ports of entry along the U.S. border and to make necessary improvements to
existing ports of entry.
Unmanned Aerial Vehicles and Related Surveillance Technologies:
Requires DHS to acquire and maintain unmanned aerial vehicles and related
equipment to patrol the international borders of the U.S. and Canada.
Criminal Penalty for Evading Inspection: Creates a new crime with
penalties for evasion of border inspection personnel.
Border Security Plans, Strategies and Reports: Requires DHS to develop
a national strategy for border security (submitted to Congress no later
than one year after the bill is enacted) and comprehensive plan for
surveillance of the international land and maritime borders of the United
States (submitted to Congress no later than 6 months after the bill is
enacted). Requires DOS to submit a report to Congress on improving the
exchange of information on North American security.
Improving Security South of the Border: Requires the U.S., Mexican and
Canadian governments to work together to establish a program relating to
the needs of countries of Central America and requires the U.S. government
to cooperate with the Central American government officials on issues
related to violent criminal aliens, gang activities (including tracking
gangs), and law enforcement assistance, among other things.
Report on Deaths at the Border: Requires the Commissioner of U.S.
Customs and Border Protection within DHS to collect statistics relating to
deaths occurring at the border between the United States and Mexico,
including the cause and total number of deaths.
Working with Mexico: Requires the U.S. to work with Mexico to address
border security, human trafficking, drug trafficking, gang activity,
violence against women in the U.S. and Mexico, etc. DOS will work with the
Mexican government to educate citizens and nationals of Mexico about
eligibility requirements under the U.S. immigration laws to ensure that
such individuals are not exploited while working in the United States; and
also to encourage circular migration, including assistance with job and
economic development for nationals and citizens of Mexico.
Reducing Fraud: Requires DHS to make biometric data enhancements and
provide CBP officers with training on document fraud detection and
identification. Requires that documents be machine-readable,
tamper-resistant and incorporate a biometric identifier. The bill also
creates new authorities for collecting biometric information from
immigrants and related penalties.
Law Enforcement Relief for States and Localities: Authorizes DHS to
award grants to law enforcement agencies that provide border-related
assistance. The bill also allows the Justice Department to reimburse State
and local prosecutors based along the border for prosecuting federally
initiated and referred drug cases.
Safe and Secure Detention: Includes basic protections and safeguards
for asylum seekers and other immigrants who are subject to the
governments expedited removal program and/or detention. Provides that
DHS will fully implement and enforce select standards governing immigration
detention and calls for new standards with respect to asylum seekers,
vulnerable populations and other non-violent immigrant populations.
Creates a new office for detention oversight to provide oversight and
accountability around detention standard compliance. Includes provisions
that relate to secure alternatives to detentions.
TITLE II INTERIOR ENFORCEMENT
Increased Penalties Related to Gang Violence, Failure to Depart, and
Alien Smuggling: Enhances the penalties associated with gang membership,
failure to depart after removal, and alien smuggling offenses and
specifically:
1) creates new immigration penalties for aliens convicted of gang crimes
and bars such individuals from temporary protected status;
2) increases criminal penalties associated with failure to depart after
removal and extends such penalties to aliens found removable based on
inadmissibility grounds;
3) increases criminal penalties associated with willful failure to comply
with terms of release under supervision; and
4) enhances criminal offenses and increases penalties associated with alien
smuggling.
Increased Criminal Penalties for Drunk Driving: Creates new
immigration penalties for aliens convicted of drunk driving offenses.
Increases Criminal Penalties for the Unauthorized Employment of Aliens.
Makes Firearms Sale or Possession by Undocumented Aliens a Federal
Crime: Expands the list of federal crimes to include sale of firearms to
and possession of firearms by any person unlawfully present in the United
States.
Laundering of Monetary Instruments: Adds the financial proceeds from
alien smuggling and trafficking to the list of crimes covered by the money
laundering provisions in the criminal code.
Increase of Federal Detention Space: Authorizes DHS to construct and
acquire at least 20 additional facilities for the detention of aliens that
have a capacity to detain a combined total of at least 20,000 individuals
at any time for aliens pending removal or a decision on removal. DHS must
also construct or acquire additional facilities subject to appropriations
for detention beds required by the intelligence reform bill.
Increases Number of ICE Agents: Mandates adequate number of ICE agents
for each state to investigate immigration violations and ensure the
departure of removable aliens.
Enhanced Penalties and Reform of Passport, Visa and Document Fraud
Offenses: Expands and rewrites the criminal code and related penalties
pertaining to passport, visa, and document-related fraud. Increases
maximum term of imprisonment for certain offenses relating to passport,
visa, and document fraud. Allows DHS to waive prosecution under this
section for certain vulnerable individuals, such as asylum seekers and
victims of trafficking.
Illegal Entry and Reentry: Increases the criminal penalties associated
with reentry of aliens with criminal convictions.
Detaining Criminal Aliens: Mandates the continuation or the development
of programs to identify removable persons in federal and state correctional
facilities, prevent their release into the community, and ensure their
removal upon completion of their sentence.
Tightens Voluntary Departure Requirements: Tightens requirements and
enhances penalties for failure to depart in accordance with a voluntary
departure agreement.
Detention and Removal of Aliens Ordered Removed: Authorizes DHS to
detain certain aliens ordered removed for more than 90 days beyond the
removal period if the alien conspires or acts to prevent such removal, or
his release would threaten the safety of the community.
Immigration Enforcement by State and Local Police: Reaffirms that law
enforcement personnel of a state or political subdivision possess the
inherent authority to enforce criminal provisions of the immigration laws
in the normal course of carrying out law enforcement duties.
Mandatory Address Reporting Requirements: Enhances address-reporting
requirements under the INA.
Expedited Removal: Expands basis for which the government can subject
an individual in the United States to expedited removal.
Aggravated Felony: Modifies the aggravated felony definition. Expands
the term "aggravated felony," as it applies to alien smuggling.
State Criminal Assistance Programs.: Provides for reimbursement to
state and local governments for pre-conviction costs for aliens charged
with or convicted of crimes.
Requires U.S. Attorneys to Determine Immigration Status of Individuals
Charged with Federal Offenses: Requires U.S. Attorney Offices, when
prosecuting criminal cases in Federal court, to determine immigration
status of individuals and notify the court of their findings.
TITLE III EMPLOYMENT VERIFICATION (Creates system for employers to
electronically verify workers employment authorization, establishes
criminal penalties for employers and workers who operate outside the
system, and implements strong enforcement mechanisms)
Employment Verification Regime:
Mandates DHS and SSA to develop a system for employers to verify the
employment authorization of all new workers electronically or
telephonically and establishes an interim verification regime for employers
to use while the system is under development.
Phases in implementation of the system, starting with critical
infrastructure employers and then other employers based on size (largest
employers would be required to use the program first, with smaller
employers following in successive years).
Requires the Comptroller General to certify annually that the
verification system is responding accurately to employer queries and is
protecting the privacy of the records contained in the system. This
certification is necessary to mandate employer participation requirements
and system expansion. The Comptroller will also certify if the system is
satisfying anti-discrimination benchmarks.
Procedures:
Limits documents that can be accepted in order to establish employment
authorization and creates specific procedures for employers to follow when
an applicants authorization is not immediately confirmed by the agency.
Mandates improvement of security features of Social Security card.
Establishes time frames for the system to confirm or not confirm an
employees work authorization. Requires a manual verification process
when the System is unable to initially determine a worker's eligibility to
work
Provides the employee with an opportunity to submit additional
documentation to establish work authorization in the case of initial
non-confirmation but, in the case of a final nonconfirmation from the
system, the employer must terminate the employee.
Employees are entitled to administrative review of a non-confirmation
decision and, if necessary, judicial review.
Criminal Penalties and Civil Sanctions:
Creates significant criminal penalties for individuals who falsely
attest to being authorized to work.
Creates significant civil penalties for employers who do not comply
with the new systems requirements and establishes serious criminal
penalties for knowingly hiring unauthorized aliens.
Creates a safe harbor for employers who use the new verification
system.
Debars employers who repeatedly violate these provisions from
government contracts, grants, and agreements.
Privacy Safeguards of the System:
Limits the data that can be collected and stored in the database and
requires the agencies to develop the system with maximum security and
privacy protections.
Mandates the agencies to evaluate the impact of the system from a
privacy perspective and complete privacy impact statements.
Prohibits creation of a national identification card.
Anti-Discrimination Provisions of the System:
Forbids employers from using the new system to discriminate against
applicants or employees on the basis of nationality.
Prohibits employers from terminating employment due to an initial
non-confirmation, using the system to screen employees prior to offering
employment, and using the system selectively.
TITLE IV NEW WORKER PROGRAM
Certification Requirements prior to Implementation of the New Worker
Program: Sets conditions that must be met in order for the Secretary of
DHS to implement the New Worker Program. The Secretary must certify to
Congress that border surveillance technology improvements are being
implemented; that the systems and infrastructure necessary to make
improvements to immigration document security are ready to use; and that
the first phase of the Electronic Employment Verification System requiring
the participation of critical infrastructure employers has been
implemented.
H-2C Worker Visa Program: Creates a legal channel for future immigrant
workers (and their spouses and children) by establishing the H-2C visa,
which is valid for three years and renewable for another three. The bill
ensures that U.S. workers have the first shot at all jobs and that new
workers will not displace or adversely affect the wages or working
conditions of U.S. workers.
Requirements to be Met by an Applicant for a New Worker (H-2C) Visa:
demonstrate job qualifications and provide evidence of a job offer from
U.S. employer
complete criminal- and terrorism-related background checks
pay a $500 application fee
undergo a medical exam
show admissibility to the U.S. (certain bars to admission related to
undocumented status may be waived; security and criminal related bars may
not be waived)
Features of the H-2C Program:
Flexible Visa Cap: The visa program has an initial cap of 400,000,
which adjusts up or down yearly based on market fluctuations.
Protections for Workers: Includes labor rights and protections for new
workers, including: paying the greater of the actual wage paid to other
similarly-situated workers or the prevailing wage; requiring that H-2C
workers are provided the same conditions and benefits as received by U.S.
workers; the ability to travel outside the United States; whistleblower
protections; flexibility to change employers ("portability") so long as the
new employer has complied with the applicable H-2C recruiting requirements;
an opportunity to apply for permanent resident status, either through an
employer or by self-petitioning (after five years of employment); and a
path to citizenship if desired, among other protections.
Additional Worker Protections: H-2C workers may not be treated as
independent contractors, cannot be employed during labor disputes, and
cannot be denied a right or remedy available under federal, state, or local
labor and employment laws. Includes a non-discrimination clause.
Increased Labor Law Enforcement: Adds 2,000 Department of Labor
investigators dedicated to enforcing this title. Requires the Department
of Labor to create regulations for processing complaints relating to
violations of the H-2C program by an aggrieved worker. The Labor Secretary
may impose administrative remedies and penalties upon finding a violation
relating to H-2C employers or contractors.
Employer Obligations: Employers must attempt to hire U.S. workers by
first offering the job to any eligible U.S. worker who applies and is
qualified and able. Employers can only hire H-2C workers where no U.S.
workers are able, willing, or qualified to perform the job. Employers are
barred from hiring new immigrant workers if they are located in an area
with an unemployment rate higher than 9 percent for workers whose education
level is at or below a high school diploma. The bill spells out procedures
for recruiting U.S. workers.
Unemployment Rule: Requires H-2C workers who are unemployed for more
than 60 days to leave the United States and reapply for a new visa
(exceptions apply for disability, authorized leave, or because of major
disaster or emergency).
Fraud-Proof Documents: H-2C workers will be issued a machine-readable,
tamper-resistant document that will allow for biometric authentication.
This document will serve as a valid travel, identity, and work
authorization document.
Penalties for Unlawful Entry: Workers who enter the United States
unlawfully may be barred from receiving many immigration benefits
(including participation in the H-2C program) for 10 years.
Alien Employment Management System: DHS (in consultation with the
Department of State) must develop and implement a system to manage and
track the employment of H-2C workers.
Earned Citizenship: Provides new workers (and their spouses and children)
with an opportunity to apply for conditional permanent residency and
eventual citizenship. The immigrant may apply through an employer or by
self-petition after working in H-2C status for 5 years and paying an
additional fee of $500.
Requirements for Earned Citizenship:
show physical presence in the U.S. and evidence of employment;
complete criminal and security background checks;
pay $500 application fee;
meet English and civic requirements; and
show admissibility (certain bars to admission related to undocumented
status are waived; security- and criminal-related bars may not be waived).
Other Provisions in Title IV:
The Secretary of State must negotiate bilateral agreements with home
countries of H-2C workers.
Standing Commission on Immigration and Labor Markets is established as
an independent agency within the Executive Branch responsible for examining
and analyzing various aspects of the H-2C program.
The effective date for the H-2C program is one year after the bills
enactment date. Implementing regulations must be issued within 6 months of
the bills enactment date.
TITLE V VISA REFORMS
Family-Based Immigration: Exempts immediate relatives of U.S. citizens
from the annual level of 480,000 for family-sponsored immigrant visas.
Redistributes the 480,000 family-sponsored immigrant numbers among existing
family preference categories. Unused family-sponsored immigrant visas from
previous fiscal years are recaptured and made available for
family-sponsored immigrant visas for future fiscal years.
Employment-Based Immigration: Increases employment-based immigrant
visas from 140,000 to 290,000 per fiscal year. The 290,000 ceiling for
employment-based immigrant visas is redistributed among the
employment-based immigrant visa categories and certain modifications are
made to current categories. Unused employment-based immigrant visas from
previous fiscal years are recaptured and made available for
employment-based immigrant visas for future fiscal years. Visas issued to
spouses and children after October 1, 2004 under the employment-based
category will no longer be counted against the cap. No more than 800,000
visas may be issued to employment-based spouses and children during any
fiscal year.
Per Country Limits: Makes slight increases to the per-country limits
for family and employment based visas.
H-1B Visa Program: Increases the cap on H-1B visas to 115,000 (which
can be increased in a subsequent year if the cap is reached during a given
fiscal year, not to exceed 180,000) and exempts from this cap certain
individuals who have earned an advanced degree in science, technology,
engineering, or math in the United States.
Immigrants With Advanced Skills Exempt from Visa Cap: Exempts several
categories of highly skilled workers from the employment-based immigrant
visa cap.
Sons and daughters of Filipino World War II veterans: Exempts the sons
and daughters of Filipino WWII veterans from the annual numerical
limitations.
Preservation of Immigration Benefits for Victims of a Major Disaster or
Emergency: Includes a number of benefits and protections for victims of a
major disaster or emergency, including a special immigrant status for
qualifying individuals; humanitarian relief for certain surviving spouses
and children; age-out protection; and discretionary waivers.
Relief for Widows and Orphans: Creates a special immigrant
classification for women and children deemed to have a credible fear of
harm in their home country and lacking adequate protection from harm.
Relief for Minor Children and Widows: Provides relief for certain
surviving spouses and children following the death of qualifying relative.
For example, the bill allows certain spouses, parents, or children to
continue to be classified as immediate relatives following the death of a
United States citizen. It also permits an alien relative whose spouse or
parent died prior to the enactment of the STRIVE Act of 2007 to submit a
petition within two years of the date of the bills enactment.
Modifications to the Haitian Refugee Immigration Fairness Act: Makes
modifications to the Haitian Refugee Immigration Fairness Act of 1998. For
example, enables children who were under the age of 21 on October 21, 1998
to apply for HRIFA today if they are otherwise eligible.
TITLE VI EARNED LEGALIZATION PROGRAM FOR THE UNDOCUMENTED
Certification Requirements Prior to Implementation of Earned Legalization
of Undocumented Individuals: Sets conditions that must be met before
implementation of the program to legalize undocumented individuals. The
Secretary of DHS must certify to Congress that improvements in border
surveillance technology are being implemented; that the systems and
infrastructure necessary to carry out improvements to immigration document
security are ready to use; and that the first phase of the Electronic
Employment Verification System requiring the participation of critical
infrastructure employers has been implemented.
Visa Program for Qualified Undocumented Workers: Creates a program
providing conditional nonimmigrant status for undocumented immigrants (and
their spouses and children) in the U.S., which is valid for six years.
Features of the Conditional Nonimmigrant Program:
Provides conditional nonimmigrant visa applicants with work and travel
authorization and protection from removal;
Provides certain immigrants in removal proceedings, facing removal, or
ordered to depart voluntarily with an opportunity to apply for conditional
nonimmigrant status;
Bars related to undocumented status will be waived (security and
criminal bars cannot be waived);
Contains provisions for administrative and judicial review of denied
applications.
Requirements for Conditional Nonimmigrant Status:
The alien must:
Establish continuous presence in the U.S. on or before June 1, 2006;
Attest to employment in the U.S. before June 1, 2006 and employment
since that date (and submit related documentation);
Complete criminal and security background checks; and
Pay a $500 fine plus necessary application fees (fine exemption for
children).
Other Criteria for Conditional Nonimmigrant Status:
The individual must not be ineligible to receive a visa pursuant to the
Immigration and Nationality Act;
The individual has not been convicted of a felony or three or more
misdemeanors;
The individual has not participated in the persecution of another
person on account of race, religion, nationality, membership in a
particular social group, or political opinion;
The individual has not been convicted by final judgment of a
particularly serious crime and there are no reasonable grounds for
believing that the alien has committed a particularly serious crime abroad
before arriving in the U.S.; and
There is a penalty of up to five years' imprisonment for anyone who
willfully falsifies information in an application for conditional
nonimmigrant status.
Earned Citizenship: Provides qualified conditional nonimmigrants and their
spouses and children with an opportunity to apply for lawful permanent
resident status (green card) and eventual citizenship.
Features of the Earned Citizenship Program:
Applicants go to the back of the line for permanent visas; the current
immigrant backlogs must be cleared before qualified conditional
nonimmigrant visa applicants (and their families) can adjust to permanent
resident status;
The Department of State and DHS are required to provide any requesting
law enforcement entity with information furnished on an application in
connection with a criminal or national security investigation or
prosecution;
New penalties for making false statements in an application for earned
citizenship are created;
Immigrants who adjust from a conditional nonimmigrant visa (including
dependents) to lawful permanent resident status shall not be counted
against the worldwide numerical visa caps; and
Those appealing decisions associated with the application for
adjustment to permanent status have access to a defined administrative and
judicial process.
Requirements for Earned Citizenship:
The applicant must:
Meet employment requirements during the six-year period immediately
preceding the application for adjustment;
Pay a $1,500 fine plus application fees;
Complete criminal and security background checks;
Establish registration under the selective service (if applicable);
Meet English and civic requirements;
Undergo a medical examination;
Pay all taxes;
Show admissibility to the U.S.; and
Meet a "Legal Reentry" requirement during the six-year period in
conditional nonimmigrant status, no later than 90 days before filing an
application for adjustment to lawful permanent resident status. Paperwork
processing is performed in the U.S. An exit and reentry through any port
of entry is required. Limited exceptions are available to the legal
reentry requirement.
Other Provisions in Title VI:
DREAM Act of 2007
AgJOBS Act of 2007
Grant programs to assist with new workers
Strengthening American Citizenship Act of 2007 (includes numerous
provisions to facilitate the naturalization process)
Includes provisions to address poverty in Mexico
TITLE VII MISCELLANEOUS
Increases in Prosecutors, Judges, and Support: For each fiscal year
from 2008 to 2012: Authorizes DHS to add at least 100 positions for
attorneys at the Office of General Counsel to represent DHS in immigration
matters; authorizes the Department of Justice (DOJ) to create positions for
at least 50 additional attorneys a year to the Office of Immigration
Litigation; 50 additional positions for attorneys in the United States
Attorneys office to litigate federal immigration cases; 20 additional
positions for full-time immigration judges; 80 additional positions for
personnel to support the immigration judges; and 20 additional positions
for staff in the Board of Immigration Appeals (BIA). The Administrative
Office of the United States Courts is authorized to create at least 50 new
positions for attorneys in the Federal Defenders Program to litigate
federal criminal immigration cases.
Immigration Appeals Study: Requires the Director of the Federal
Judicial Center, in consultation with other agencies, to conduct a study on
the appellate process for immigration appeals, and consider whether all
appeals from the BIA should be consolidated into one United States Court of
Appeals.
Establishment of an Immigration Court System: Includes a Sense of the
Congress stating that the U.S. should establish an effective, fair, and
well-staffed immigration court system.
Standards for Biometric Documents: Requires that immigration documents
issued by the Department of State (DOS) and DOJ comply with domestic and
international authentication and biometric standards and be
machine-readable and tamper-resistant, among other requirements.
New Fee Accounts: Creates an account that will include the fees and
fines from the new worker and legalization programs and distributes these
funds for processing and implementation of the bills programs,
enforcement of labor standards, operation of the electronic employment
verification system, and reimbursement to hospitals.
State Impact Assistance Account: Creates an account funded by various
fees collected under programs established in this bill for grants to States
so that they may provide health and education services to non-citizens.
Naturalization through Service in the Armed Services: Includes
provisions to help non-citizen members of the Armed Service become
citizens, and requires a report on naturalization by those who have served
in the Armed Services.
Relief for Certain Immigrant Victims of Terrorism: Requires DHS to
provide relief from removal and/or green card status for any alien who, on
September 10, 2001, was the spouse, child, or dependent son or daughter of
an alien who died as a direct result of specified terrorist activity and
was a beneficiary of the September 11th Victim Compensation Fund of 2001.
DHS must provide related protections and work authorization. Certain
exceptions apply.
Offices to Fight Corruption and Fraud: Establishes an Office of
Internal Corruption Investigations to address certain allegations against
U.S. Citizenship and Immigration Service employees. Establishes an Office
of Immigration Benefits Fraud Investigation.
Adjustment of Status for Certain Persecuted Religious Minorities:
Requires DHS to provide green card status for certain persecuted religious
minorities.
State Court Interpreter Grants: Requires DOJ to make grants to State
courts to develop and implement programs to help those individuals whose
English skills do not allow them to understand the State court proceedings
they are involved in. Spells out details of the grant program.
Adequate Notice for Alternate Country Removal: Provides for notice and
an opportunity for a hearing if DHS decides to remove an alien to a country
other than what was designated at the time of the removal hearing.
Filed under : Government/Regulations
Patrick Thibodeau's blog
Anonymous wrote:
Title 2. Eliminate "voluntary departure".
Title 3. Provides the employee with an opportunity to submit additional
documentation to establish work authorization in the case of initial
non-confirmation but, in the case of a final nonconfirmation from the
system, the employer must detain the employee and turn him over to DHS.
Title 4.
* The bill allegedly ensures that U.S. workers have the first shot at all
jobs and that new workers will not displace or adversely affect the wages
or working conditions of U.S. workers. But does it require employers to
prove that they have made a good-faith effort to recruit US citizens?
* Complete criminal- and terrorism-related background investigations to
include both a data-base look-up and interviews with the visa applicant,
family members, employers, professors and teachers, neighbors, landlords...
* Pay a $26,000 application fee.
* The visa program should have a hard annual cap of 10,000 which adjusts
based on labor force participation rate and unemployment rate (i.e. if LFPR
goes down or the UR goes up, the cap goes down; if LFPR goes up and UR goes
down, the cap goes up by no more than 2% per year).
* Employers must attempt to hire U.S. workers by first offering the job to
any eligible U.S. worker who applies and is capable. Employers can only
hire H-2C workers where no U.S. workers are able and willing to perform the
job. Employers are barred from hiring new immigrant workers if they are
located in an area with an unemployment rate higher than 9% for workers
whose education level is at or below a high school diploma. The bill
spells out procedures for recruiting U.S. citizens which must include
placing ads in at least a dozen major newspapers in the local area and
across the country and in at least a dozen web-based job sites in addition
to any owned in whole or part by the employer, parent company, or
affiliates of the employer or any of its parent firms; and the employer
must cover relocation expenses (to be offset by tax credits/deductions).
* Earned Citizenship: Provides new workers with an opportunity to apply for
conditional permanent residency and eventual citizenship. The immigrant
may apply through an employer or by self-petition after working in H-2C
status for 5 years and paying an additional fee of $200.
Title 5.
* Family-Based Immigration: Reduces the annual level of 480,000 for
family-sponsored immigrant visas to 100,000. Redistributes the 100,000
family-sponsored immigrant numbers among existing family preference
categories. Unused family-sponsored immigrant visas from previous fiscal
years are NOT to be recaptured and made available for family-sponsored
immigrant visas for future fiscal years.
* Employment-Based Immigration: Decreased employment-based immigrant visas
from 140,000 to 75,000 per fiscal year. The 75,000 ceiling for
employment-based immigrant visas is redistributed among the
employment-based immigrant visa categories and certain modifications are
made to current categories. Unused employment-based immigrant visas from
previous fiscal years are NOT to be recaptured and made available for
employment-based immigrant visas for future fiscal years. Visas issued to
spouses and children after 2004 October 1 under the employment-based
category will continue to be counted against the cap. No more than 10,000
visas may be issued to employment-based spouses and children during any
fiscal year.
* Per Country Limits: Makes significant decreases to the per-country limits
for family and employment based visas.
* H-1B Visa Program: Decreases the cap on H-1B visas to 1,000 and requires
every applicant to hold an advanced degree in science, technology,
engineering, or math, a Nobel prize, at least a dozen significant patents,
or at least two dozen significant publications in US-based scientific or
engineering journals.
* Veterans: Exempts Filipino WWII veterans and Australian veterans of the
Korean and VietNam conflicts from the annual numerical limitations.
* Preservation of Immigration Benefits for Victims of a Major Disaster or
Emergency: Includes a number of benefits and protections for victims of a
major disaster or emergency, including a special immigrant status for
qualifying individuals; humanitarian relief for certain surviving spouses
and children; age-out protection; and discretionary waivers.
* Relief for Widows and Orphans: Creates a special immigrant classification
for women and children deemed to have a credible fear of harm in their home
country and lacking adequate protection from harm.
* Relief for Minor Children and Widows: Provides relief for certain
surviving spouses and children following the death of qualifying relative.
For example, the bill allows certain spouses, parents, or children to
continue to be classified as immediate relatives following the death of a
United States citizen. It also permits an alien relative whose spouse or
parent died prior to the enactment of the Felix-Gutierrez Act of 2007 to
submit a petition within two years of the date of the bills enactment.
* Modifications to the Haitian Refugee Immigration Fairness Act: Makes
modifications to the Haitian Refugee Immigration Fairness Act of 1998. For
example, enables children who were under the age of 21 on 1998 October 21
to apply for HRIFA today if they are otherwise eligible.
Title 6. Amnesty for illegal aliens.
* Applicants go to the back of the line for visas; the current immigrant
back-logs must be cleared and their visa applications handled in turn with
everyone else's. All illegal aliens must leave and apply for entry the same
as anyone else wishing to enter the USA legally. Applications from those
within the USA will not be accepted.
* The illegal alien must NOT establish continuous presence in the USA on or
before 2006 June 1, but must show evidence that he is not in the USA by
2007 December 31.
* The illegal alien need NOT attest to employment in the USA.
* The illegal alien must pay a $26,000 application fee.
* The illegal alien must pass both a data-base look-up criminal check and a
thorough background investigation to include interviews with the applicant,
his family, neighbors, landlords, employers, professors and teachers.
* Immigrants who adjust from a conditional nonimmigrant visa (including
dependents) to lawful permanent resident status shall be counted against
the worldwide numerical visa caps.
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