May 19. 2007 Draft of Compromise Bill [For Discussion Only]
SECURE BORDERS, ECONOMIC OPPORTUNITY & IMMIGRATION REFORM ACT OF 2007
TITLE V. IMMIGRATION BENEFITS
SEC. 501. REBALANCING OF IMMIGRANT VISA ALLOCATION
(a) FAMILY-SPONSORED IMMIGRANTS-
* Worldwide Level of Family-Sponsored Immigrants-
.*(1) For each fiscal year until visas needed for petitions described in section 503(f)(2) of the [Insert title of Act] become available, the worldwide level of family-sponsored immigrants under this subsection is 567,000 for petitions for classifications under 203(a), plus any immigrant visasnot required for the class specified in (d).
*(2) Except as provided in paragraph (1), the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is 127,000, plus any immigrant visas not required for the class specified in (d).
(b) MERIT-BASED IMMIGRANTS-
*Worldwide Level of Merit-Based, Special, and Employment Creation Immigrants-
*(1) IN GENERAL- The worldwide level of merit-based, special, and employment creation immigrants under this subsection for a fiscal year.
.(A) for the first five fiscal years shall be equal to the number of immigrant visas made available to aliens seeking immigrant visas under section 203(b) of this Act for fiscal year 2005, plus any immigrant visa not required for the class specified in (c), of which: (i) at least 10,000 will be for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y); and (ii) 90,000 will be for aliens who were the beneficiaries of an application that was pending or approved at the time of the effective date of this section, per Section 502(d) of the [Insert title of Act].
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(B) stating in the sixth 1 fiscal year, shall be equal to 140,000 for each fiscal year until aliens described in section 101(a)(15)(Z) of this Act first become eligible for an immigrant visa, plus any immigrant visas not required for the class specified in (c), of which: (i) at least 10,000 will be for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y); and (ii) no more than 90,000 will be for aliens who were the beneficiaries of an application that was pending or approved at the time of the effectie date of this section, per Section 502(d) of the [Insert title of Act].
(C)(i) 380,000, for each fiscal year starting in the first fiscal year in which aliens described in section 101(a)(15)(Z) of this Act become eligible for an immigrant visa, of which at least 10,000 will be for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y), plus any immigrant visas not required for the class specified in (c); plus (ii) the temporary supplemental allocation of additional visas described in paragraph (2) for nonimmigrants described in section 101(a)(15)(Z).
(2) TEMPORARY SUPPLEMENTAL ALLOCATION- The temporary supplemental allocation of visas described in this paragraph is as follows:
(A) for the first five fiscal years in which aliens described in section 101(a)(15)(Z) of this Act are eligible for an immigrant visa, the number calculated pursuant to section 503(f)(2) of the [Insert title of Act];
(B) in the sixth fiscal year in which aliens described in section 101(a)(15)(Z) of this Act are eligible for an immigrant visa, the number calculated pursuant to section 503(f)(3) of [Insert title of Act]; and
(C) starting in the seventh fiscal year in which aliens described in section 101(a)(15)(Z) of this Act are eligible for an immigrant visa,, the number equal to the number of Z nonimmigrants who became aliens admitted for permanent residence based on the merit-based evaluation system in the prior fiscal year until no further Z nonimmigrants adjust status;
.(3) TERMINATION OF 1 TEMPORARY SUPPLEMENT ALALLOCATION- The temporary supplemental allocation of visas shall terminate when the number of visas calculated pursuant to paragraph (2)(C) is zero.
(4) LIMITATION- The temporary supplemental visas in paragraph (2) shall not be awarded to any individual other than an individual described in section 101(a)(15)(Z).
(c) EFFECTIVE DATE..The amendments made by this section shall take effect on the first day of the fiscal year subsequent to the fiscal year of enactment.
SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A MERIT BASED EVALUATION SYSTEM FOR IMMIGRANTS
(a) SENSE OF CONGRESS.. It is the sense of Congress that the United States benefits from a work force that has diverse skills, experience and training.
(b) CREATION OF MERIT-BASED EVALUATION SYSTEM FOR IMMIGRANTS AND REALLOCATION OF VISAS-
(1) Merit-based Immigrants. . Visas shall first be made available in a number not to exceed 95 percent of such worldwide level, plus any visas not required for the classes in paragraphs (2) and (3), to qualified immigrants selected through a merit-based evaluation system.
(A) The merit-based evaluation system shall initially consist of the following criteria and weights:
Category Deion Max pts Employment Occupation
-National interest/ critical infrastructure U.S. employment in Specialty Occupation (DoL definition) . 20 pts
-U.S. employment in High Demand Occupation (BLS largest 10-yr job growth, top 30) . 16 pts
-U.S. employment in STEM or health occupation, current for at least 1 year . 8 pts (extraordinary or ordinary)
-Employer endorsement/Experience/Age of worker
A U.S. employer willing to pay 50% of LPR application fee either 1) offers a job, or 2) attests for a current employee . 6 pts
Years of work for U.S. firm . 2 pts/year (max 10 pts)
Worker.s age: 25-39 . 3 pts
-Education (terminal degree)
M.D., M.B.A., Graduate degree, etc. . 20 pts
Bachelor.s degree . 16 pts
Associate.s degree . 10 pts
High School diploma or GED . 6 pts
Completed certified Perkins Vocational Education program. 5 pts
Completed DoL Registered Apprenticeship . 8 pts
STEM, assoc & above . 8 pts
-English & civics
Native speaker of English or TOEFL score of 75 or higher . 15 pts
TOEFL score of 60-74 . 10 pts
Pass USCIS Citizenship Tests in English&Civics.6 pts
-Extended family (Applied if threshold of 55 in above categories.)
Adult (21 or older) son or daughter of USC . 8 pts
Adult (21 or older) son or daughter of LPR . 6 pts
Sibling of USC or LPR . 4 pts
If had applied for a family visa in any of the above categories after May 1, 2005. 2 pts
-Supplemental schedule for Zs
Agriculture National Interest /U.S. employment exp./Home ownership/Medical Insurance
Worked in agriculture for 3 years, 150 days per year. 21 pts
Worked in agriculture for 4 years (150 days for 3 years, 100 days for 1 year) . 23 pts
Worked in agriculture for 5 years, 100 days per year. 25 points
Year of lawful employment . 1 pt
Own place of residence . 1 pt/year owned
Current medical insurance for entire family
(B) The Secretary of Homeland Security, after consultation with the Secretaries of Commerce and Labor, shall establish procedures to adjudicate petitions filed pursuant to the merit-based evaluation system. The Secretary may establish a time period in a fiscal year in which such petitions must be ted.
(C) The Standing Commission on Immigration and Labor Markets established pursuant to Section 407 of the [Insert title of Act] shall recommendations to Congress concerning the establishment of procedures for modifying the selection criteria and relative weights accorded such criteria in order to ensure that the merit-based evaluation system corresponds to the current needs of the United States economy and the national interest.
(D) No modifications to the selection criteria and relative weights accorded such criteria that are established by the [Insert title of Act] should take effect earlier than the sixth fiscal year in which aliens described in section 101(a)(15)(Z) of this Act are eligible for an immigrant visa.
(E) The application of the selection criteria to any particular visa petition or application pursuant to the merit-based evaluation system shall be within the Secretary.s sole and unreviewable discretion.
.(F) Any petition filed pursuant to this paragraph that has not been found by the Secretary to have qualified in the merit-based evaluation system shall be deemed denied on the first day of the third fiscal year following the date of such application. Such denial shall not preclude the petitioner from filing a successive petition pursuant to this paragraph. Notwithstanding this paragraph, the Secretary may deny a petition when denial is appropriate under other provisions of law, including but not limited to sections 204(c)...
(2) redesignating paragraph (4) as paragraph (2), by striking .7.1 percent. and inserting .4,200., and striking .5,000. and inserting .2,500.;
(3) redesignating paragraph (5) as paragraph (3), by striking .7.1 percent. and inserting .2,800., and striking .3,000. andinserting .1,500.;
(4) redesignating paragraph (6) as paragraph (4).
(c) PROCEDURE FOR GRANTING IMMIGRANT STATUS.-
(d) EFFECTIVE DATE..
(1) IN GENERAL..Subject to paragraph (2), the amendments made by this section shall take effect on the first day of the fiscal year subsequent to the fiscal year of enactment, unless such date is less than 270 days after the date of enactment, in which case the amendments shall take effect on the first day of the following fiscal year.
(2) PENDING AND APPROVED PETITIONS AND APPLICATIONS..Petitions for an employment-based visa filed for classification under section 203(b)(1), (2), or (3) of the Immigration and Nationality Act (as such provisions existed prior to the enactment of this section) that were filed prior to the date of the introduction of the [Insert title of Act] and were pending or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa. Aliens with applications for a labor certification pursuant to section 212(a)(5)(A) of the Immigration and Nationality Act shall preserve the immigrant visa priority date accorded by the date of filing of such labor certification application.
SEC. 503. REDUCING CHAIN MIGRATION AND PERMITTING PETITIONS BY NATIONALS
(a) CAP EXEMPT CATEGORIES..Paragraph (1) of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)) is amended by adding the following two new subparagraphs at the end:
.(F) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative.
.(G) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad..
(b) IMMEDIATE RELATIVES..
(1) Immediate Relative Redefined.--Paragraph (2) of section 201(b) of the Immigration and Nationality Act (8 U.S.C.
38 1151(b)) is amended to read as follows:
(2) Immediate Relatives..
(A) In General.--For purposes of this subsection, the term ‘immediate relative’ means a child or spouse of a citizen of the United States (and each 1 child of such child or spouse who is accompanying or following to join the alien).
(B) Spouse of a Deceased U.S. Citizen.--An alien who was the spouse of a citizen of the United States and not legally separated from the citizen at the time of the citizen’s death, who was married to the citizen for not less than 2 years at the time of the citizen’s death (or, if married for less than 2 years at the time of the citizen’s death, who proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit) , and each child of such alien, may be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen’s death if the spouse files a petition under section 204(a)(1)(A)(ii) before the earlier of.
.(i) 2 years after such date; or
.(ii) the date on which the spouse remarries.
(C) Battered Spouse or Child.--An alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen spouse or parent loses United States citizenship on account of the abuse.
(c) PREFERENCE CATEGORIES.. Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended:
.(1) Parents of a citizen of the United States if the citizen is at least 21 years of age. Qualified immigrants who are the parents of a citizen of the United States where the citizen is at least 21 years of age shall be allocated visas in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraph (3), or..
.(2) Spouses or children of an alien lawfully admitted for permanent residence or a national. Qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence or a noncitizen national of the United States as defined in section 101(a)(22)(B) of this Act who is resident in the United States shall be allocated visas in a number not to exceed 87,000, plus any visas not required for the class specified in paragraph (1).
.(3) Family-sponsored immigrants who are beneficiaries of family-based visa petitions filed before May 1, 2005. Immigrant visas totaling 440,000 shall be allotted visas as follows:
.(A) Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas totaling 70,400 immigrant visas, plus any visas not required for the class specified in (D).
.(B) Qualified immigrants who are the unmarried sons or unmarried daughters of an alien lawfully admitted for permanent residence, shall be allocated visas totaling 110,000 immigrant visas, plus any visas not required for the class specified in (A).
.(C) Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas totaling 70,400 immigrant visas, plus any visas not required for the class specified in (A) and (B).
.(D) Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas totaling 189,200 immigrant visas, plus any visas not required for the class specified in (A), (B), and (C)..
(d) PETITION.. Section 204(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) is amended by striking ., (3), or (4). after .paragraph (1)..
(e) EFFECTIVE DATE..
(1) IN GENERAL.. The amendments made by this section shall take effect on the first day of the fiscal year subsequent to the fiscal year of enactment.
(2) PENDING AND APPROVED PETITIONS..Petitions for a family14 sponsored visa filed for classification under section 203(a)(1), (2)(B), (3), or (4) of the Immigration and Nationality Act (as such provisions existed prior to the enactment of this section) which were filed before May 1, 2005, regardless of whether the petitions have been approved before May 1, 2005, shall be treated as if such provision remained in effect, and an approved petition may be the basis of an immigrant visa pursuant to section 203(a)(3).
(f) DETERMINATIONS OF NUMBER OF INTENDING LAWFUL PERMANENT RESIDENTS
(1) SURVEY OF PENDING AND APPROVED FAMILY.BASED PETITIONS..The Secretary of Homeland Security may require a submission from petitioners with approved or pending family-based petitions filed for classification under section 203(a)(1), (2)(B), (3), or (4) of the Immigration and Nationality Act (as such provisions existed prior to the enactment of this section) filed on or before May 1, 2005 to determine that the petitioner and the beneficiary have a continuing commitment to the petition for the alien relative under the classification. In the event the Secretary requires a submission pursuant to this section, the Secretary shall take reasonable steps to provide notice of such a requirement. In the event that the petitioner or beneficiary is no longer committed to the beneficiary obtaining an immigrant visa under this classification or if the petitioner does not respond to the request for a submission, the Secretary of Homeland Security may deny the petition if the petition has not been adjudicated or revoke the petition without additional notice pursuant to section 205 if it has been approved.
(2) FIRST SURVEY OF Z NONIMMIGRANTS INTENDING 1 TO ADJUST STATUS.. The Secretary shall establish procedures by which nonimmigrants described in section 101(a)(15)(Z) who seek to become aliens lawfully admitted for permanent residence under the merit-based immigrant system shall establish their eligibility, pay any applicable fees and penalties, and file their petitions. No later than the conclusion of the eighth fiscal year after the effective date of section 218D of the Immigration and Nationality Act, the Secretary will determine the total number of qualified applicants who have followed the procedures set forth in this section. The number calculated pursuant to this paragraph shall be 20 percent of the total number of qualified applicants. The Secretary will calculate the number of visas needed per year.
(3) SECOND SURVEY OF Z NONIMMIGRANTS INTENDING TO ADJUST STATUS..No later than the conclusion of the thirteenth fiscal year after the effective date of section 218D of the Immigration and Nationality Act, the Secretary will determine the total number of qualified applicants not described in paragraph (2) who have followed the procedures set forth in this section. The number calculated pursuant to this paragraph shall be the lesser of:
- (A) the number of qualified applicants, as determined by the Secretary pursuant to this paragraph; and
- (B) the number calculated pursuant to paragraph (2).
SEC. 504. CREATION OF PROCESS FOR IMMIGRATION 1 OF FAMILY MEMBERS IN HARDSHIP CASES.
SEC. 203A--. IMMIGRANT VISAS FOR HARDSHIP CASES.
(a) In general. Immigrant visas under this section may not exceed 5,000per fiscal year.
(b) Determination of eligibility. The Secretary of Homeland Security may grant an immigrant visa to an applicant who satisfies the following qualifications:
.(1) Family relationship. Visas under this section will be given to aliens who are:
(A) the unmarried sons or daughters of citizens of the United States;
(B) the unmarried sons or the unmarried daughters of aliens lawfully admitted for permanent residence;
(C) the married sons or married daughters of citizens of the United States; or
(D) the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age,
.(2) Necessary hardship. The petitioner must demonstrate to the satisfaction of the Secretary of Homeland Security that the lack of an immigrant visa under this clause would result in extreme hardship to the petitioner or the beneficiary that cannot be relieved by temporary visits as a nonimmigrant.
.(3) Ineligibility to immigrate through other means. The alien described in clause (1) must be ineligible to immigrate or adjust status through other means, including but not limited to obtaining an immigrant visa filed fo classification under section 201(b)(2)(A) or section 203(a) or (b) of this Act, and obtaining cancellation of removal under section 240A(b) of this Act. A determination under this section that an alien is eligible 1 to immigrate through other means does not foreclose or restrict any later determination on the question of eligibility by the Secretary of Homeland Security or the Attorney General.
(c) Processing of applications.
(1) An alien selected for an immigrant visa pursuant to this section shall remain eligible to receive such visa only if the alien files an application for an immigrant visa or an application for adjustment of status within the fiscal year in which the visa becomes available, or at such reasonable time as the Secretary may specify after the end of the
fiscal year for petitions approved in the last quarter of the fiscal year.
(2) All petitions for an immigrant visa under this section shall automatically terminate if not granted within the fiscal year in which they were filed . The Secretary may in his discretion establish such reasonable application period or other procedures for filing petitions as he may deem necessary in order to ensure their orderly processing within the fiscal year of filing.
(3) The secretary may reserve up to 2,500of the immigrant visas under this section for approval in the period between March 31 and September 30 of a fiscal year.
(d) Decisions whether an alien qualifies for an immigrant visa under this section are in the unreviewable discretion of the Secretary..
SEC. 505. ELIMINATION OF DIVERSITY VISA PROGRAM
EFFECTIVE DATE:.(1) The amendments made by this section shall take effect on October 1, 2008; (2) No alien may receive lawful permanent resident status based on the diversity visa program on or after the effective date of this section.
SEC. 508. INCREASING PER-COUNTRY LIMITS FOR FAMILY-BASED AND EMPLOYMENT-BASED IMMIGRANTS
(a) Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a) is amended by amending paragraph (2) to read as follows:
.(2) Per country levels for family-sponsored and merit-based immigrants. . Subject to paragraphs (3), (4), (5), (6), and (7), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 10 percent (in the case of a single foreign state) or 3 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year;
(b) Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a) is amended by adding at the end the following:
.(6) Rules for certain family-based petition filed before May 1, 2005.. In the event that the per country levels in paragraph (2) prevent the use of otherwise available visas described in section 201(c)(1)(B), then the per country level will not apply for such visas.
.(7) Exception for Z nonimmigrants.. Paragraph (2) shall not apply to aliens who are nonimmigrants described in section 101(a)(15)(Z) of this Act who are eligible to seek lawful permanent resident status based on a petition for classification under section 203(b)(1) of this Act...
Border Security and Immigration Reform Act of 2007
Title I
Title I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.
• Triggers include:
o 18,000 (CBP) Border Patrol hired
o Construction of 200 miles of vehicle barriers and 370 miles of fencing
o 70 ground-based radar and camera towers along the southern border
o Deployment of 4 Unmanned Aerial Vehicles and supporting systems
o The ending of catch-and-release
o Resources to detain up to 27,500 aliens per day on an annual basis
o The use of secure and effective identification tools to prevent unauthorized work.
o The receiving and processing and adjudicating of applications for Z status.
• Title I also includes authorities and resources to augment border security including:
o physical infrastructure along the border
o additional field and investigative agents
o comprehensive plans and studies of the border region
o revisions to law enforcement techniques and enhanced authorities.
Title II
Title II provides for interior enforcement of immigration laws.
• The stiffening of laws and penalties relate to:
o the detention of criminal aliens
o the definition of aggravated felony
o gang violence
o passport, visa, and immigration fraud, including marriage fraud
• Other provisions include language regarding:
o Increased penalties for illegal entry and reentry
o encouraging aliens to depart voluntarily
o prohibiting aliens from possessing firearms
o alternatives to detention
o state and local law enforcement reimbursement and training
o the streamlining of background checks for immigration status
Title III
Title III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.
• This Title designs a worksite enforcement system that relies on electronic employment verification and a reduced list of documents that may be presented to employers to prove identity and work eligibility.
o Also increases penalties significantly over current law for unlawful hiring, employment, and recordkeeping violations.
• Verification of employees: As of the date of enactment, employers in national security-related industries, industries involving critical infrastructure, and federal contractors may be required to electronically verify employees, including new hires and/or current employees, with additional employers or industries added after 6 months.
o All employers would be required to electronically verify new hires within 18 months of enactment, or on the date on which the Secretary certifies that the system is operational.
o Once the system is implemented, all employers would be required to verify all current employees within by 3 years after enactment.
• Structure of the EEVS: After the date of hire but no later than the first day of employment, the employer must transmit to the EEVS via the Internet the data that the employer has taken from the worker’s identity and work eligibility documents.
• Inconclusive determinations: Where the EEVS cannot conclusively determine the status of a worker’s eligibility, a further action notice is issued and the individual must contact the appropriate federal or state agency to initiate resolution of status and the individual continues to work while the agency resolves his or her status.
• Final nonconfirmation: If the employer has received a final non-confirmation regarding an individual, the employer must terminate the employment of the individual, unless the individual files an administrative appeal of a final non-confirmation notice within 15 days.
• Data and Information Sharing: The Commissioner of Social Security must information to the Secretary of DHS regarding data contained within the Social Security database as in relates to employment verification.
• Fraud and tamper resistant social security cards: Not later than 180 days after date of enactment, the Commissioner is required to begin work to administer and issue fraud-resistant, tamper-resistant Social Security cards.
Title IV
Title IV establishes a new temporary Y worker program to address future labor needs of temporary foreign workers and discourage future illegal employment of undocumented individuals. The title also includes measures to protect the rights of U.S. and foreign workers and prevent the U.S. employer from abusing the program.
• Structure of new visa programs: This title creates a new future temporary worker program for workers who are coming to the U.S. to perform temporary job that the U.S. employer is unable to fill. It provides for:
o non-seasonal Y temporary worker (Y-1 visa)
o seasonal temporary worker
.. Y-2A for agricultural workers, sheepherder, goat herders, and dairy workers
.. Y-2B for non-agricultural workers; and
o their spouses and minor children (Y-3 visa).
• Matching Willing Workers with Willing Employers: All Y workers must be matched to a “willing employers” through an electronic database in order to qualify for a Y worker visa.
• Families of Y visa holders: can only accompany Y workers if the worker can:
o show proof of valid medical insurance and
o demonstrate that the wages of the principal Y nonimmigrant(s) are 150% above poverty level for the household size.
o Spouses and children who do not qualify for Y-3 visa may be admitted under other nonimmigrant status.
• Period of admission: A Y-1 worker can be admitted for a two year period that can be renewed twice if that worker spends a period of one year outside the United States between each admission.
o A Y-1 accompanied by dependents is afforded a single two year visa, non-renewable.
o Workers with Y-2A and Y-2B visa qualify for 10 month visas; no extensions may be granted.
• Permanent Bar: Y worker who fails to timely depart is permanently barred from any future immigration benefit.
• Wage: The employer must attest that the Y worker will be paid not less than the greater of the actual wage paid by the employer to all other similarly situated workers or the “prevailing competitive wage.”
• Numerical Limitation: The Y-1 visa program has an initial cap of 400,000 with yearly adjustments based on market fluctuations.
o There are no numerical limitations for Y-2A while the Y-2B visas are initially capped at 100,000 with yearly adjustment based on market fluctuations.
o The market-based fluctuation is adjusted every 6 months during the fiscal year.
o The Y-3 visa for spouses and minor children limit may not exceed 20% of annual limit for Y-1 visas.
o A newly created Standing Commission will make recommendations to Congress regarding the Y visa numerical cap for each fiscal year following the initial year of the program
Title V
Title V restructures and rebalances the current system by which green cards are distributed.
• Rebalancing of Immigrant Visa Allocation: Resets the number of family-based, family backlog, merit-based immigrants, and eventual Z immigration green cards.
o The family categories are less than under current law since several of the extended family categories are reduced, while the merit-based is increased over the current employment-based levels after the processing of the family-based backlog.
o An annual total of 440,000 visas are allotted to process the backlog of family-based categories.
o It is estimated that the family backlog cases can all be processed in 8 years.
o An annual total of 10,000 visas are set aside for exceptional Y workers.
• Merit Based Points System: The current employment based green card system will be replaced by a merit based points system.
• Reducing Chain Migration and Permitting Petitions by Nationals: Elimination and reconfiguring of the following family-based preference categories:
o First: Unmarried Sons and Daughters of Citizens
o Second: Unmarried Sons and Daughters of Permanent Residents other than spouses and minor children of permanent residents
o Third: Married Sons and Daughters of Citizens
o Fourth: Brothers and Sisters of Adult Citizens
o Sets cap of 40,000 per fiscal year on category for parents of U.S. citizens.
o Sets cap of 87,000 per fiscal year on the second preference category for spouses and children of permanent residents.
• Elimination of Backlog: If the family-based visa petition in the eliminated category is filed before May 1, 2005, the petition can be processed under the prior law.
Title VI
This title provides a new visa for most individuals currently living within the U.S. illegally.
• Creates a new four-year, renewable “Z” nonimmigrant visa to address the undocumented population within the U.S. The visa is split up into three groups:
o a principal or employed alien (Z-1),
o the spouse or elderly parent of that alien (Z-2),
o and the minor children of that alien (Z-3).
• Cut off Date: In order to be eligible for this visa, one must have been illegally present within the U.S. before January 1, 2007.
• Fees and Penalties: To apply, an alien seeking Z-1 status must be currently employed and pay fees and penalties totaling $5,000 (less for derivative Z’s) to be eligible for a green card under the merit-based system.
• Probationary, the Permanent Z Status: Once an applicant s a completed application, fingerprints, and is cleared by one-day background checks he will receive probationary benefits which can eventually be converted to a Z nonimmigrant status after all background checks are clear and the triggers set forth in Title I are achieved.
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• LPR Status: A Z-1 nonimmigrant may adjust status to lawful permanent residence after the family backlog under Title V is eliminated if the Z applicant:
o Satisfies the merit requirements in the points schedule set forth in Title V.
o files the application for adjustment in the Z-1’s country of origin and
o pays a penalty of $4,000.
• DREAM ACT: Individuals under the age of 30 that were brought to the United States out of their own control as a minor are eligible to receive their green card after 3 years rather than 8.
Title VII
Title VII includes a number of miscellaneous provisions involving assimilation, including increased funding for the office of citizenship and integration ($100M)
(Courtesy of AILA)
SECURE BORDERS, ECONOMIC OPPORTUNITY & IMMIGRATION REFORM ACT OF 2007
TITLE V. IMMIGRATION BENEFITS
SEC. 501. REBALANCING OF IMMIGRANT VISA ALLOCATION
(a) FAMILY-SPONSORED IMMIGRANTS-
* Worldwide Level of Family-Sponsored Immigrants-
.*(1) For each fiscal year until visas needed for petitions described in section 503(f)(2) of the [Insert title of Act] become available, the worldwide level of family-sponsored immigrants under this subsection is 567,000 for petitions for classifications under 203(a), plus any immigrant visasnot required for the class specified in (d).
*(2) Except as provided in paragraph (1), the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is 127,000, plus any immigrant visas not required for the class specified in (d).
(b) MERIT-BASED IMMIGRANTS-
*Worldwide Level of Merit-Based, Special, and Employment Creation Immigrants-
*(1) IN GENERAL- The worldwide level of merit-based, special, and employment creation immigrants under this subsection for a fiscal year.
.(A) for the first five fiscal years shall be equal to the number of immigrant visas made available to aliens seeking immigrant visas under section 203(b) of this Act for fiscal year 2005, plus any immigrant visa not required for the class specified in (c), of which: (i) at least 10,000 will be for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y); and (ii) 90,000 will be for aliens who were the beneficiaries of an application that was pending or approved at the time of the effective date of this section, per Section 502(d) of the [Insert title of Act].
.
(B) stating in the sixth 1 fiscal year, shall be equal to 140,000 for each fiscal year until aliens described in section 101(a)(15)(Z) of this Act first become eligible for an immigrant visa, plus any immigrant visas not required for the class specified in (c), of which: (i) at least 10,000 will be for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y); and (ii) no more than 90,000 will be for aliens who were the beneficiaries of an application that was pending or approved at the time of the effectie date of this section, per Section 502(d) of the [Insert title of Act].
(C)(i) 380,000, for each fiscal year starting in the first fiscal year in which aliens described in section 101(a)(15)(Z) of this Act become eligible for an immigrant visa, of which at least 10,000 will be for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y), plus any immigrant visas not required for the class specified in (c); plus (ii) the temporary supplemental allocation of additional visas described in paragraph (2) for nonimmigrants described in section 101(a)(15)(Z).
(2) TEMPORARY SUPPLEMENTAL ALLOCATION- The temporary supplemental allocation of visas described in this paragraph is as follows:
(A) for the first five fiscal years in which aliens described in section 101(a)(15)(Z) of this Act are eligible for an immigrant visa, the number calculated pursuant to section 503(f)(2) of the [Insert title of Act];
(B) in the sixth fiscal year in which aliens described in section 101(a)(15)(Z) of this Act are eligible for an immigrant visa, the number calculated pursuant to section 503(f)(3) of [Insert title of Act]; and
(C) starting in the seventh fiscal year in which aliens described in section 101(a)(15)(Z) of this Act are eligible for an immigrant visa,, the number equal to the number of Z nonimmigrants who became aliens admitted for permanent residence based on the merit-based evaluation system in the prior fiscal year until no further Z nonimmigrants adjust status;
.(3) TERMINATION OF 1 TEMPORARY SUPPLEMENT ALALLOCATION- The temporary supplemental allocation of visas shall terminate when the number of visas calculated pursuant to paragraph (2)(C) is zero.
(4) LIMITATION- The temporary supplemental visas in paragraph (2) shall not be awarded to any individual other than an individual described in section 101(a)(15)(Z).
(c) EFFECTIVE DATE..The amendments made by this section shall take effect on the first day of the fiscal year subsequent to the fiscal year of enactment.
SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A MERIT BASED EVALUATION SYSTEM FOR IMMIGRANTS
(a) SENSE OF CONGRESS.. It is the sense of Congress that the United States benefits from a work force that has diverse skills, experience and training.
(b) CREATION OF MERIT-BASED EVALUATION SYSTEM FOR IMMIGRANTS AND REALLOCATION OF VISAS-
(1) Merit-based Immigrants. . Visas shall first be made available in a number not to exceed 95 percent of such worldwide level, plus any visas not required for the classes in paragraphs (2) and (3), to qualified immigrants selected through a merit-based evaluation system.
(A) The merit-based evaluation system shall initially consist of the following criteria and weights:
Category Deion Max pts Employment Occupation
-National interest/ critical infrastructure U.S. employment in Specialty Occupation (DoL definition) . 20 pts
-U.S. employment in High Demand Occupation (BLS largest 10-yr job growth, top 30) . 16 pts
-U.S. employment in STEM or health occupation, current for at least 1 year . 8 pts (extraordinary or ordinary)
-Employer endorsement/Experience/Age of worker
A U.S. employer willing to pay 50% of LPR application fee either 1) offers a job, or 2) attests for a current employee . 6 pts
Years of work for U.S. firm . 2 pts/year (max 10 pts)
Worker.s age: 25-39 . 3 pts
-Education (terminal degree)
M.D., M.B.A., Graduate degree, etc. . 20 pts
Bachelor.s degree . 16 pts
Associate.s degree . 10 pts
High School diploma or GED . 6 pts
Completed certified Perkins Vocational Education program. 5 pts
Completed DoL Registered Apprenticeship . 8 pts
STEM, assoc & above . 8 pts
-English & civics
Native speaker of English or TOEFL score of 75 or higher . 15 pts
TOEFL score of 60-74 . 10 pts
Pass USCIS Citizenship Tests in English&Civics.6 pts
-Extended family (Applied if threshold of 55 in above categories.)
Adult (21 or older) son or daughter of USC . 8 pts
Adult (21 or older) son or daughter of LPR . 6 pts
Sibling of USC or LPR . 4 pts
If had applied for a family visa in any of the above categories after May 1, 2005. 2 pts
-Supplemental schedule for Zs
Agriculture National Interest /U.S. employment exp./Home ownership/Medical Insurance
Worked in agriculture for 3 years, 150 days per year. 21 pts
Worked in agriculture for 4 years (150 days for 3 years, 100 days for 1 year) . 23 pts
Worked in agriculture for 5 years, 100 days per year. 25 points
Year of lawful employment . 1 pt
Own place of residence . 1 pt/year owned
Current medical insurance for entire family
(B) The Secretary of Homeland Security, after consultation with the Secretaries of Commerce and Labor, shall establish procedures to adjudicate petitions filed pursuant to the merit-based evaluation system. The Secretary may establish a time period in a fiscal year in which such petitions must be ted.
(C) The Standing Commission on Immigration and Labor Markets established pursuant to Section 407 of the [Insert title of Act] shall recommendations to Congress concerning the establishment of procedures for modifying the selection criteria and relative weights accorded such criteria in order to ensure that the merit-based evaluation system corresponds to the current needs of the United States economy and the national interest.
(D) No modifications to the selection criteria and relative weights accorded such criteria that are established by the [Insert title of Act] should take effect earlier than the sixth fiscal year in which aliens described in section 101(a)(15)(Z) of this Act are eligible for an immigrant visa.
(E) The application of the selection criteria to any particular visa petition or application pursuant to the merit-based evaluation system shall be within the Secretary.s sole and unreviewable discretion.
.(F) Any petition filed pursuant to this paragraph that has not been found by the Secretary to have qualified in the merit-based evaluation system shall be deemed denied on the first day of the third fiscal year following the date of such application. Such denial shall not preclude the petitioner from filing a successive petition pursuant to this paragraph. Notwithstanding this paragraph, the Secretary may deny a petition when denial is appropriate under other provisions of law, including but not limited to sections 204(c)...
(2) redesignating paragraph (4) as paragraph (2), by striking .7.1 percent. and inserting .4,200., and striking .5,000. and inserting .2,500.;
(3) redesignating paragraph (5) as paragraph (3), by striking .7.1 percent. and inserting .2,800., and striking .3,000. andinserting .1,500.;
(4) redesignating paragraph (6) as paragraph (4).
(c) PROCEDURE FOR GRANTING IMMIGRANT STATUS.-
(d) EFFECTIVE DATE..
(1) IN GENERAL..Subject to paragraph (2), the amendments made by this section shall take effect on the first day of the fiscal year subsequent to the fiscal year of enactment, unless such date is less than 270 days after the date of enactment, in which case the amendments shall take effect on the first day of the following fiscal year.
(2) PENDING AND APPROVED PETITIONS AND APPLICATIONS..Petitions for an employment-based visa filed for classification under section 203(b)(1), (2), or (3) of the Immigration and Nationality Act (as such provisions existed prior to the enactment of this section) that were filed prior to the date of the introduction of the [Insert title of Act] and were pending or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa. Aliens with applications for a labor certification pursuant to section 212(a)(5)(A) of the Immigration and Nationality Act shall preserve the immigrant visa priority date accorded by the date of filing of such labor certification application.
SEC. 503. REDUCING CHAIN MIGRATION AND PERMITTING PETITIONS BY NATIONALS
(a) CAP EXEMPT CATEGORIES..Paragraph (1) of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)) is amended by adding the following two new subparagraphs at the end:
.(F) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative.
.(G) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad..
(b) IMMEDIATE RELATIVES..
(1) Immediate Relative Redefined.--Paragraph (2) of section 201(b) of the Immigration and Nationality Act (8 U.S.C.
38 1151(b)) is amended to read as follows:
(2) Immediate Relatives..
(A) In General.--For purposes of this subsection, the term ‘immediate relative’ means a child or spouse of a citizen of the United States (and each 1 child of such child or spouse who is accompanying or following to join the alien).
(B) Spouse of a Deceased U.S. Citizen.--An alien who was the spouse of a citizen of the United States and not legally separated from the citizen at the time of the citizen’s death, who was married to the citizen for not less than 2 years at the time of the citizen’s death (or, if married for less than 2 years at the time of the citizen’s death, who proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit) , and each child of such alien, may be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen’s death if the spouse files a petition under section 204(a)(1)(A)(ii) before the earlier of.
.(i) 2 years after such date; or
.(ii) the date on which the spouse remarries.
(C) Battered Spouse or Child.--An alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen spouse or parent loses United States citizenship on account of the abuse.
(c) PREFERENCE CATEGORIES.. Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended:
.(1) Parents of a citizen of the United States if the citizen is at least 21 years of age. Qualified immigrants who are the parents of a citizen of the United States where the citizen is at least 21 years of age shall be allocated visas in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraph (3), or..
.(2) Spouses or children of an alien lawfully admitted for permanent residence or a national. Qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence or a noncitizen national of the United States as defined in section 101(a)(22)(B) of this Act who is resident in the United States shall be allocated visas in a number not to exceed 87,000, plus any visas not required for the class specified in paragraph (1).
.(3) Family-sponsored immigrants who are beneficiaries of family-based visa petitions filed before May 1, 2005. Immigrant visas totaling 440,000 shall be allotted visas as follows:
.(A) Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas totaling 70,400 immigrant visas, plus any visas not required for the class specified in (D).
.(B) Qualified immigrants who are the unmarried sons or unmarried daughters of an alien lawfully admitted for permanent residence, shall be allocated visas totaling 110,000 immigrant visas, plus any visas not required for the class specified in (A).
.(C) Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas totaling 70,400 immigrant visas, plus any visas not required for the class specified in (A) and (B).
.(D) Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas totaling 189,200 immigrant visas, plus any visas not required for the class specified in (A), (B), and (C)..
(d) PETITION.. Section 204(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) is amended by striking ., (3), or (4). after .paragraph (1)..
(e) EFFECTIVE DATE..
(1) IN GENERAL.. The amendments made by this section shall take effect on the first day of the fiscal year subsequent to the fiscal year of enactment.
(2) PENDING AND APPROVED PETITIONS..Petitions for a family14 sponsored visa filed for classification under section 203(a)(1), (2)(B), (3), or (4) of the Immigration and Nationality Act (as such provisions existed prior to the enactment of this section) which were filed before May 1, 2005, regardless of whether the petitions have been approved before May 1, 2005, shall be treated as if such provision remained in effect, and an approved petition may be the basis of an immigrant visa pursuant to section 203(a)(3).
(f) DETERMINATIONS OF NUMBER OF INTENDING LAWFUL PERMANENT RESIDENTS
(1) SURVEY OF PENDING AND APPROVED FAMILY.BASED PETITIONS..The Secretary of Homeland Security may require a submission from petitioners with approved or pending family-based petitions filed for classification under section 203(a)(1), (2)(B), (3), or (4) of the Immigration and Nationality Act (as such provisions existed prior to the enactment of this section) filed on or before May 1, 2005 to determine that the petitioner and the beneficiary have a continuing commitment to the petition for the alien relative under the classification. In the event the Secretary requires a submission pursuant to this section, the Secretary shall take reasonable steps to provide notice of such a requirement. In the event that the petitioner or beneficiary is no longer committed to the beneficiary obtaining an immigrant visa under this classification or if the petitioner does not respond to the request for a submission, the Secretary of Homeland Security may deny the petition if the petition has not been adjudicated or revoke the petition without additional notice pursuant to section 205 if it has been approved.
(2) FIRST SURVEY OF Z NONIMMIGRANTS INTENDING 1 TO ADJUST STATUS.. The Secretary shall establish procedures by which nonimmigrants described in section 101(a)(15)(Z) who seek to become aliens lawfully admitted for permanent residence under the merit-based immigrant system shall establish their eligibility, pay any applicable fees and penalties, and file their petitions. No later than the conclusion of the eighth fiscal year after the effective date of section 218D of the Immigration and Nationality Act, the Secretary will determine the total number of qualified applicants who have followed the procedures set forth in this section. The number calculated pursuant to this paragraph shall be 20 percent of the total number of qualified applicants. The Secretary will calculate the number of visas needed per year.
(3) SECOND SURVEY OF Z NONIMMIGRANTS INTENDING TO ADJUST STATUS..No later than the conclusion of the thirteenth fiscal year after the effective date of section 218D of the Immigration and Nationality Act, the Secretary will determine the total number of qualified applicants not described in paragraph (2) who have followed the procedures set forth in this section. The number calculated pursuant to this paragraph shall be the lesser of:
- (A) the number of qualified applicants, as determined by the Secretary pursuant to this paragraph; and
- (B) the number calculated pursuant to paragraph (2).
SEC. 504. CREATION OF PROCESS FOR IMMIGRATION 1 OF FAMILY MEMBERS IN HARDSHIP CASES.
SEC. 203A--. IMMIGRANT VISAS FOR HARDSHIP CASES.
(a) In general. Immigrant visas under this section may not exceed 5,000per fiscal year.
(b) Determination of eligibility. The Secretary of Homeland Security may grant an immigrant visa to an applicant who satisfies the following qualifications:
.(1) Family relationship. Visas under this section will be given to aliens who are:
(A) the unmarried sons or daughters of citizens of the United States;
(B) the unmarried sons or the unmarried daughters of aliens lawfully admitted for permanent residence;
(C) the married sons or married daughters of citizens of the United States; or
(D) the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age,
.(2) Necessary hardship. The petitioner must demonstrate to the satisfaction of the Secretary of Homeland Security that the lack of an immigrant visa under this clause would result in extreme hardship to the petitioner or the beneficiary that cannot be relieved by temporary visits as a nonimmigrant.
.(3) Ineligibility to immigrate through other means. The alien described in clause (1) must be ineligible to immigrate or adjust status through other means, including but not limited to obtaining an immigrant visa filed fo classification under section 201(b)(2)(A) or section 203(a) or (b) of this Act, and obtaining cancellation of removal under section 240A(b) of this Act. A determination under this section that an alien is eligible 1 to immigrate through other means does not foreclose or restrict any later determination on the question of eligibility by the Secretary of Homeland Security or the Attorney General.
(c) Processing of applications.
(1) An alien selected for an immigrant visa pursuant to this section shall remain eligible to receive such visa only if the alien files an application for an immigrant visa or an application for adjustment of status within the fiscal year in which the visa becomes available, or at such reasonable time as the Secretary may specify after the end of the
fiscal year for petitions approved in the last quarter of the fiscal year.
(2) All petitions for an immigrant visa under this section shall automatically terminate if not granted within the fiscal year in which they were filed . The Secretary may in his discretion establish such reasonable application period or other procedures for filing petitions as he may deem necessary in order to ensure their orderly processing within the fiscal year of filing.
(3) The secretary may reserve up to 2,500of the immigrant visas under this section for approval in the period between March 31 and September 30 of a fiscal year.
(d) Decisions whether an alien qualifies for an immigrant visa under this section are in the unreviewable discretion of the Secretary..
SEC. 505. ELIMINATION OF DIVERSITY VISA PROGRAM
EFFECTIVE DATE:.(1) The amendments made by this section shall take effect on October 1, 2008; (2) No alien may receive lawful permanent resident status based on the diversity visa program on or after the effective date of this section.
SEC. 508. INCREASING PER-COUNTRY LIMITS FOR FAMILY-BASED AND EMPLOYMENT-BASED IMMIGRANTS
(a) Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a) is amended by amending paragraph (2) to read as follows:
.(2) Per country levels for family-sponsored and merit-based immigrants. . Subject to paragraphs (3), (4), (5), (6), and (7), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 10 percent (in the case of a single foreign state) or 3 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year;
(b) Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a) is amended by adding at the end the following:
.(6) Rules for certain family-based petition filed before May 1, 2005.. In the event that the per country levels in paragraph (2) prevent the use of otherwise available visas described in section 201(c)(1)(B), then the per country level will not apply for such visas.
.(7) Exception for Z nonimmigrants.. Paragraph (2) shall not apply to aliens who are nonimmigrants described in section 101(a)(15)(Z) of this Act who are eligible to seek lawful permanent resident status based on a petition for classification under section 203(b)(1) of this Act...
Border Security and Immigration Reform Act of 2007
Title I
Title I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.
• Triggers include:
o 18,000 (CBP) Border Patrol hired
o Construction of 200 miles of vehicle barriers and 370 miles of fencing
o 70 ground-based radar and camera towers along the southern border
o Deployment of 4 Unmanned Aerial Vehicles and supporting systems
o The ending of catch-and-release
o Resources to detain up to 27,500 aliens per day on an annual basis
o The use of secure and effective identification tools to prevent unauthorized work.
o The receiving and processing and adjudicating of applications for Z status.
• Title I also includes authorities and resources to augment border security including:
o physical infrastructure along the border
o additional field and investigative agents
o comprehensive plans and studies of the border region
o revisions to law enforcement techniques and enhanced authorities.
Title II
Title II provides for interior enforcement of immigration laws.
• The stiffening of laws and penalties relate to:
o the detention of criminal aliens
o the definition of aggravated felony
o gang violence
o passport, visa, and immigration fraud, including marriage fraud
• Other provisions include language regarding:
o Increased penalties for illegal entry and reentry
o encouraging aliens to depart voluntarily
o prohibiting aliens from possessing firearms
o alternatives to detention
o state and local law enforcement reimbursement and training
o the streamlining of background checks for immigration status
Title III
Title III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.
• This Title designs a worksite enforcement system that relies on electronic employment verification and a reduced list of documents that may be presented to employers to prove identity and work eligibility.
o Also increases penalties significantly over current law for unlawful hiring, employment, and recordkeeping violations.
• Verification of employees: As of the date of enactment, employers in national security-related industries, industries involving critical infrastructure, and federal contractors may be required to electronically verify employees, including new hires and/or current employees, with additional employers or industries added after 6 months.
o All employers would be required to electronically verify new hires within 18 months of enactment, or on the date on which the Secretary certifies that the system is operational.
o Once the system is implemented, all employers would be required to verify all current employees within by 3 years after enactment.
• Structure of the EEVS: After the date of hire but no later than the first day of employment, the employer must transmit to the EEVS via the Internet the data that the employer has taken from the worker’s identity and work eligibility documents.
• Inconclusive determinations: Where the EEVS cannot conclusively determine the status of a worker’s eligibility, a further action notice is issued and the individual must contact the appropriate federal or state agency to initiate resolution of status and the individual continues to work while the agency resolves his or her status.
• Final nonconfirmation: If the employer has received a final non-confirmation regarding an individual, the employer must terminate the employment of the individual, unless the individual files an administrative appeal of a final non-confirmation notice within 15 days.
• Data and Information Sharing: The Commissioner of Social Security must information to the Secretary of DHS regarding data contained within the Social Security database as in relates to employment verification.
• Fraud and tamper resistant social security cards: Not later than 180 days after date of enactment, the Commissioner is required to begin work to administer and issue fraud-resistant, tamper-resistant Social Security cards.
Title IV
Title IV establishes a new temporary Y worker program to address future labor needs of temporary foreign workers and discourage future illegal employment of undocumented individuals. The title also includes measures to protect the rights of U.S. and foreign workers and prevent the U.S. employer from abusing the program.
• Structure of new visa programs: This title creates a new future temporary worker program for workers who are coming to the U.S. to perform temporary job that the U.S. employer is unable to fill. It provides for:
o non-seasonal Y temporary worker (Y-1 visa)
o seasonal temporary worker
.. Y-2A for agricultural workers, sheepherder, goat herders, and dairy workers
.. Y-2B for non-agricultural workers; and
o their spouses and minor children (Y-3 visa).
• Matching Willing Workers with Willing Employers: All Y workers must be matched to a “willing employers” through an electronic database in order to qualify for a Y worker visa.
• Families of Y visa holders: can only accompany Y workers if the worker can:
o show proof of valid medical insurance and
o demonstrate that the wages of the principal Y nonimmigrant(s) are 150% above poverty level for the household size.
o Spouses and children who do not qualify for Y-3 visa may be admitted under other nonimmigrant status.
• Period of admission: A Y-1 worker can be admitted for a two year period that can be renewed twice if that worker spends a period of one year outside the United States between each admission.
o A Y-1 accompanied by dependents is afforded a single two year visa, non-renewable.
o Workers with Y-2A and Y-2B visa qualify for 10 month visas; no extensions may be granted.
• Permanent Bar: Y worker who fails to timely depart is permanently barred from any future immigration benefit.
• Wage: The employer must attest that the Y worker will be paid not less than the greater of the actual wage paid by the employer to all other similarly situated workers or the “prevailing competitive wage.”
• Numerical Limitation: The Y-1 visa program has an initial cap of 400,000 with yearly adjustments based on market fluctuations.
o There are no numerical limitations for Y-2A while the Y-2B visas are initially capped at 100,000 with yearly adjustment based on market fluctuations.
o The market-based fluctuation is adjusted every 6 months during the fiscal year.
o The Y-3 visa for spouses and minor children limit may not exceed 20% of annual limit for Y-1 visas.
o A newly created Standing Commission will make recommendations to Congress regarding the Y visa numerical cap for each fiscal year following the initial year of the program
Title V
Title V restructures and rebalances the current system by which green cards are distributed.
• Rebalancing of Immigrant Visa Allocation: Resets the number of family-based, family backlog, merit-based immigrants, and eventual Z immigration green cards.
o The family categories are less than under current law since several of the extended family categories are reduced, while the merit-based is increased over the current employment-based levels after the processing of the family-based backlog.
o An annual total of 440,000 visas are allotted to process the backlog of family-based categories.
o It is estimated that the family backlog cases can all be processed in 8 years.
o An annual total of 10,000 visas are set aside for exceptional Y workers.
• Merit Based Points System: The current employment based green card system will be replaced by a merit based points system.
• Reducing Chain Migration and Permitting Petitions by Nationals: Elimination and reconfiguring of the following family-based preference categories:
o First: Unmarried Sons and Daughters of Citizens
o Second: Unmarried Sons and Daughters of Permanent Residents other than spouses and minor children of permanent residents
o Third: Married Sons and Daughters of Citizens
o Fourth: Brothers and Sisters of Adult Citizens
o Sets cap of 40,000 per fiscal year on category for parents of U.S. citizens.
o Sets cap of 87,000 per fiscal year on the second preference category for spouses and children of permanent residents.
• Elimination of Backlog: If the family-based visa petition in the eliminated category is filed before May 1, 2005, the petition can be processed under the prior law.
Title VI
This title provides a new visa for most individuals currently living within the U.S. illegally.
• Creates a new four-year, renewable “Z” nonimmigrant visa to address the undocumented population within the U.S. The visa is split up into three groups:
o a principal or employed alien (Z-1),
o the spouse or elderly parent of that alien (Z-2),
o and the minor children of that alien (Z-3).
• Cut off Date: In order to be eligible for this visa, one must have been illegally present within the U.S. before January 1, 2007.
• Fees and Penalties: To apply, an alien seeking Z-1 status must be currently employed and pay fees and penalties totaling $5,000 (less for derivative Z’s) to be eligible for a green card under the merit-based system.
• Probationary, the Permanent Z Status: Once an applicant s a completed application, fingerprints, and is cleared by one-day background checks he will receive probationary benefits which can eventually be converted to a Z nonimmigrant status after all background checks are clear and the triggers set forth in Title I are achieved.
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• LPR Status: A Z-1 nonimmigrant may adjust status to lawful permanent residence after the family backlog under Title V is eliminated if the Z applicant:
o Satisfies the merit requirements in the points schedule set forth in Title V.
o files the application for adjustment in the Z-1’s country of origin and
o pays a penalty of $4,000.
• DREAM ACT: Individuals under the age of 30 that were brought to the United States out of their own control as a minor are eligible to receive their green card after 3 years rather than 8.
Title VII
Title VII includes a number of miscellaneous provisions involving assimilation, including increased funding for the office of citizenship and integration ($100M)
(Courtesy of AILA)
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