Immigration News
Senate Panel Passes Comprehensive Immigration Reform Bill
March 28, 2006
Yesterday, the Senate Judiciary Committee passed a comprehensive
immigration reform bill that addresses the needs of U.S. businesses,
workers and national security.
We applaud leaders in the Senate for approving a comprehensive
immigration bill in the Judiciary Committee. The bill reflects the
consensus of many national and local groups representing business,
labor, religious organizations and immigrants rights advocates that
the government must take a comprehensive approach to provide a real
solution to our immigration problems.
The Committee proposal includes a number of important provisions:
1. An increase in the annual cap on H-1B visas to 115,000. If the
115,000 limit is reached in any fiscal year, the limit for the following
year would be increased by 20%. The bill would exempt from the numerical
limit (including the current 20,000 additional visas set aside for
advance degree holders) advanced degree holders in the science,
technology, engineering, or mathematics (STEM) fields.
2. An increase in the annual cap for employment-based (EB) visas
from 140,000 to 290,000. The bill would exempt from the numerical
limit advanced degree holders in STEM fields who have worked in
a related field as a nonimmigrant for three or more years. The bill
would also exempt outstanding researchers and professors, beneficiaries
of "national interest" waivers, and family members of
the principal applicant. Petitions filed on behalf of workers who
hold STEM advanced degrees from U.S. institutions would be exempt
from labor certification. Spouses and children of the principal
applicants would not count against the quota. A guest worker program
that would admit 400,000 new workers per year and would allow adjustment
to permanent residence after four years.
3. A program that would permit currently out-of-status workers
to remain in the U.S. and work for six years, and adjust to permanent
residence by meeting certain requirements, such as payment of $2,000
in fines. The beneficiaries under this program would be required
to go to the "back of the line" so as to not displace
any applicants for lawful immigration.
4. The "DREAM Act" which would allow undocumented children
who are accepted at a U.S. college or university or who wish to
enlist in the military to
become permanent residents.
5. A requirement that intra-company transferees who enter the U.S.
on an L-1 visa to start a new company only receive a one-year visa
initially. After the first year, if the company demonstrates that
it is legitimate, then the L visa may be extended. Spouses of the
L-1 visa holder may not work during the first year.
6. An extension of the optional practical training (OPT) period
to 24 months for students following graduation. The bill would create
a new "F-4" visa class for students who come to the U.S.
to seek an advanced degree in a STEM field. F-4 students would not
be subject to the immigrant intent bar ("Section 214(b) bar")
and would be given 18 months to find employment in the U.S. A direct
path to permanent residence for F-4 students would be available
with payment of a $2,000 fee.
7. Mandatory and universal participation in an electronic employment
verification system within 5 years of enactment, beginning with
employers in the critical infrastructure (e.g., power plants, airports)
after the first 180 days and followed by employers of 5,000 persons
or more after two years. Participating employers would enjoy "safe
harbor" while failure to participate would be deemed a violation
of laws prohibiting hiring unauthorized workers. The bill would
retain current attestation requirements, but employers would be
allowed to use electronic signature and storage. There would be
increases in civil and criminal penalties for employing undocumented
workers.
The Senate Judiciary Committee eliminated the controversial provision
proposed by the House of Representatives that would have made unlawful
status in the United States a criminal penalties on illegal immigrants.
The Committee also approved an amendment that would protect church
and charitable groups, as well as individuals, from criminal prosecution
for providing food, shelter, medical care and counseling to undocumented
immigrants.
Before the bill becomes law, it must go through debate by the full
Senate. Should it be passed by the full Senate, it must be reconciled
with the House of Representatives' bill, and then go to the president
for his signature.
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