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Bush Administration and a Bipartisan Group of Senators Reaches Agreement On Comprehensive Immigration Reform (CIR) Legislation.
The first major deal reached is about putting border security and enforcement and worksite enforcement benchmarks must be met before a temporary worker program is implemented. These benchmarks include constructing miles of fence on the U. S and Mexico border, increasing the number of border patrol agents, “Catch and Return" continues at the border, and employment eligibility verification system ready to process all new hires. The proposal establishes new penalties for border crimes and gives the border patrol additional tools to stop illegal border crossings. Through the deployment of additional Border Patrol agents with supporting equipment, the construction of additional fencing and vehicle barriers in targeted areas, and the development of a proper mix of sensors, radar, and cameras, the proposal establishes a true commitment to securing our borders.
The deal reached also includes providing tools for employers to verify the eligibility of the workers they hire. Employers will be required to verify the work eligibility of all employees, while all workers will be required to present stronger and more verifiable identification documents. Tough new anti-fraud measures will be implemented and stiff penalties imposed on employers who break the law. The employment eligibility verification system will allow for real-time verification of employee photos and documents. The Department of Homeland Security and the Social Security Administration will be able to share "no match" information to ensure that illegal immigrants cannot use the Social Security information of Americans to pose as legal workers. Employer audits will serve as an additional check on employer compliance with the system.
Creating a temporary worker program to relieve pressure on the border and provide a lawful channel to meet the needs of our economy, the proposal creates a temporary worker program. The program allows workers to enter the country to fill jobs that Americans are not doing. The temporary worker program: Protects American workers by requiring U.S. employers to advertise the job in the United States at a competitive wage before hiring a temporary worker. The new law provides additional labor protections for temporary worker program participants. It also allows temporary workers to enter the United States to work for three two-year terms, with at least a year spent outside the United States between each term. It sets a cap of 400,000 on the temporary worker program, which can be adjusted up or down in the future depending on demand. The temporary workers who want to bring their immediate family must show that they have the financial means to support them and that they are covered by health insurance. It also recognizes the unique needs of agriculture by establishing a separate seasonal agriculture component under the temporary worker program.
There will be no amnesty for illegal immigrants and illegal immigrants who come out of the shadows will be given probationary status. To maintain their probationary status, they must pass a background check, remain employed, and maintain a clean criminal record. Illegal immigrants who fulfill their probationary requirements can apply for a Z Card, which will enable them to Live, work, and travel freely. Z card holders will be required to pay a $1,000 fine, meet accelerated English and civics requirements, remain employed, and renew their visa every four years. Z card holders will have an opportunity to apply for a Green Card, but only after paying an additional $4,000 fine, applying at the back of the line and waiting until the current backlog is cleared, returning to their home country to file their green card application, and demonstrating merit under the merit-based system.
The deal also includes the strengthening the assimilation of new immigrants. The proposal declares that English is the language of the United States and calls on the United States Government to preserve and enhance it, as well as enacting accelerated English requirements for some immigrants. The success of our country depends upon helping newcomers assimilate into our society and embrace our common identity as Americans – our shared ideals, an appreciation of our history, and the ability to speak and write the English language. Therefore, the Secretary of Education is directed to make an English instruction program freely available over the Internet. The DHS Office of Citizenship is expanded to include coordinating assimilation efforts in its mission, and additional funding is authorized for the Office.
The new law also includes establishing a merit system for future immigration. The proposal establishes a new merit-based system to select future immigrants based on the skills and attributes they will bring to the United States, a merit system is used by many other countries. Under the merit system, future immigrants applying for permanent residency in the United States will be assigned points for skills, education, employment background and other attributes that further our national interest. These skills include ability to speak English, level of schooling, including added points for training in science, math, and technology job offer in a high-demand field, work experience in the United States, employer endorsement, and family ties to the United States.
The most striking feature of this new law will be ending the chain migration in place of the current system where nearly two-thirds of Green Cards are awarded to relatives of U.S. Citizens. The immigration system will be reformed to better balance the importance of family connections with the economic needs of our country. Visas for parents of U.S. citizens will be capped (subject to quota systems), while green cards for the siblings and adult children of U.S. citizens and green card holders will be eliminated permanently. A new parent’s visitor visa is created to ensure that parents are allowed to visit their children in the United States regularly and for extended periods of time. The Diversity Lottery Program, which grants 50,000 green cards per year through random chance, is going to be ended. These rebalanced green cards are used to clear the family backlog in eight years and then applied to the new merit system for future immigration once the backlog is cleared. Those who are pending for the priority dates to become current, and legally waiting for their turns will be issued visas within eight years. Today, millions of family members of U.S. citizens wait years in line for a green card, with some waits estimated at as long as 30 years.
Those who have already filed immigrant petitions for their brothers and sisters, parents, adult children need not be worried since the new law will not affect petitions already filed and pending for approval or approved and waiting for priority dates. If any one is interested to sponsor their siblings, parents, and adult children both married and unmarried are advise to do so immediately since once the new law is passed and becomes effective such filings will be prohibited and you can avoid frustration in the frustration in the future.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa@yahoogroups.com for more information about other related immigration matters.
URL: www.indiaimmigrationusa.com
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