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发帖数: 760 | 1 The group of eight senators—four Democrats and four Republicans—who have
been working for several months on draft immigration reform legislation
finally released their bill today. Its major provisions include:
Border Security：$4.5 billion will be appropriated for increased border
security and fencing. Legalization of undocumented persons is contingent
upon DHS’ commencement of a comprehensive border security and fencing plans
. Legalized persons may only move to permanent resident status when the
border security and fencing plans plans are substantially complete, E Verify
is universal, and DHS has implemented a system for documenting the exit of
foreign nationals from the US.
Legalization of the Undocumented： To achieve Registered Provisional
Immigrant (RPI) status, must have entered the US by December 31, 2011, pay a
$500 fee (with some exceptions), have paid back taxes, not have a
significant criminal history, nor have voted illegally, and not be
inadmissible to the US on most other grounds (excluding those relating to
removal proceedings and immigration status—persons with removal orders or
in removal will be eligible). Spouses and children of persons qualifying for
RPI also qualify if in US at time of application. May work for any employer
and travel in and out of the US. Some persons deported on non criminal
grounds before the cutoff date can apply for readmission. Application period
will be for one year. RPI status is good for six years, renewable with a
new $500 fee. Persons in RPI status can apply to become permanent residents
after 10 years, but must qualify based on merit, have paid all taxes,
learned English and civics, and pay another “fine”.
Legal Immigration System Changes：
--Backlogs for family and employment-based preferences eliminated.
--Family category for brothers and sisters of US citizens eliminated.
--Diversity Visa Program (Visa Lottery) eliminated.
--Spouses and unmarried children under age 21 of permanent residents will be
allowed to immigrate outside the immigration quotas; thus there will no
longer be a waiting list for these immigrants.
--Dependents, persons of extraordinary ability, outstanding professors/
researchers, multinational executives/managers, persons holding a Ph.D., and
certain physicians will no longer be included in the employment based quota
system, thus freeing up over half the visa numbers for applicants, and
effectively eliminating waiting lists.
--Redistribution of employment based visa numbers to favor persons holding
advanced degrees, persons holding advanced STEM degrees from a US
institution and who have a job offer in the US, and skilled workers and
professionals.
--Creation of a “startup visa” for entrepreneurs.
--Creation of “merit based” employment based immigration system, similar
to Canada’s “points system”. Merit based visas would be awarded based on
a person’s achieving a certain number of points via education, employment,
length of residence in the US, and other considerations. Legalized persons
applying for permanent residence would all have to qualify for a “merit
based” visa, but ten years’ residence and steady employment in the US
would usually qualify an applicant.
E-Verify:Would be phased in for all employers over five year period. System
would be greatly enhanced.
H-1B Visas: Cap can go as high as 180,000, depending on a formula based on
Labor Department data. Employers would have to pay H’s higher than the
prevailing wage. Spouses would be authorized employment. Recruitment, by
placing an ad on a Labor Department website, will be required prior to
employing an H-1B. Significant new penalties for employers violating the law
with respect to H-1Bs.
Dual Intent for Students. All students coming to the US to pursue a Bachelor
’s or higher will be allowed to possess the present intent to be a student,
as well as the long term intent to stay in the US permanently. This would
eliminate the requirement that most students demonstrate “a residence
abroad they have no intention of abandoning” and thus do away with the most
common reason for student visa refusal.
Low Skilled Worker Program.Low skilled program overseen by new Bureau of
Immigration and Labor Market Research, which will determine numbers and
types of occupations which will qualify workers for a “W” visa. Employers
will have to register with the Bureau to bring in workers, as well as
advertise for 30 days.
Agricultural Workers. Would legalize undocumented farm workers. Eventually
eligible for permanent residence.
DREAM Act Beneficiaries. Would grant permanent residence, on certain
conditions, to most DREAMers after five years.
Please note that the Senators’ proposal is just that: a proposal, not yet
law. If it is taken up and passed by the Senate with a high majority, this
will provide additional impetus for the House to adopt the bill or similar
version. Then the two bills will go to a conference committee to iron out
differences, then back to the respective chambers for a final vote. Only
then, when passed by both houses, can the final bill go to the President for
his signature. |
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