What You Need to Know About the New Senate Immigration Bill

May 22, 2013Hosted by:

Murali Bashyam and Ame CoatsBashyam Spiro & Coats LLPwww.bashyamspiro.com

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Outline

1. What is it?2. Current Status3. Remaining Steps4. Major Provisions

Today’s Dialogue Map…

What is it?

Comprehensive immigration reform bill introduced by the “Gang of Eight”: 8 senators—4 Democrats and 4 Republicans.

Focuses on:• Securing borders• Creating path to citizenship for foreign nationals who

are present in the US without authorization• Prevent identity theft and unauthorized employment

through employment verification system• Improve the process for admitting foreign workers to

the US

Current Status

Most recently, the bill and 300 amendments to the bill have been under consideration by the Senate Judiciary Committee. The Committee approved the bill and 48 of those amendments last night.

Next, the bill goes to the Senate floor for debate and eventual vote.

Next Steps

• Bill goes to the Senate for debate and vote.

• Once bill is passed by Senate, bill goes to the House of Representatives. House can vote on Senate bill or it’s own legislation.

• • If House votes on its own immigration legislation, then House and

Senate must work together to reconcile bills. If not, both bills die.

• Once both the House and the Senate approve the same bill, then the bill is sent to the President to sign.

• After the President signs the bill into law, then the Department of Homeland Security has to figure out how to enforce it--border security strategies first, then creating procedures, writing rules, creating new units of adjudicators, training, writing new forms and instructions, etc.

Border Security

Within 180 days of enactment, Dept. of Homeland Security required to submit:

1. “Comprehensive Southern Border Security Strategy” • New surveillance systems including surveillance/detection used by

Dept. of Defense• Additional Border Agents• Unmanned aircraft and aerial systems

2. “Southern Border Fencing Strategy” Bill also provides funding for Border Security provisions and other types

of assistance such as authorization to deploy National Guard to the Southwest border for fence construction and surveillance.

Border Security cont.

Border Security Implementation Tied to “Path to Citizenship”

1. No one will be granted “Registered Provisional Immigrant” (RPI) Status until DHS confirms that the Border Security and Fencing Strategies have been developed.

2. Most foreign nationals who obtain “Registered Provisional Status” will not be eligible to apply for a green card until:

•Border Security and Fencing Strategies substantially deployed and operational•Mandatory employment verification system implemented•Electronic exit system used at air/sea Ports of Entry

Employment Verification

•E-verify mandatory for all employers—to be phased in over a 5 year period

•Photo matching systems—must present photo id that E-verify has access to—work authorization card, green card, US passport, Driver’s License if provided by state database, etc.

•Employees can “lock” their social security number in e-verify so that no one else can use their number.

Registered Provisional Immigrant Status

“RPI” Status

Criteria for Most Applicants:•Residence in US prior to 12/31/2011•Maintenance of Continuous Residence in US since 12/31/2011•Pay $500 Penalty, accessed taxes, and filing fees•Not eligible for certain criminal offenses

Benefits•Employment Authorization•Can travel outside the US•Spouses and children in the US can qualify as derivatives

Other Details•Application period for 1 year with possibility of extension•Initial Grant for 6 year period•Not eligible for federal means-tested public benefits

RPI Status to LPR Status

After 10 years Registered Provisional Immigrants can apply to adjust to Lawful Permanent Resident Status through the new Merit based system. (If RPI through DREAM Act or Agriculture Program—only wait 5 years)

However: all of those currently waiting for green cards based on the priority date system must have had an opportunity to apply for their green cards.

Requirements•Maintained continuous physical presence•Paid all taxes owed while an RPI•Worked in the US regularly•Pass Civics and English Test•Pay $1000 penalty

Major Changes to Current Green Card System

• Backlog for Family and Employment-based immigrants will be eliminated over a 10 year period

• Cuts the current family-based categories.

• Siblings of US Citizens are eliminated.

• Married adult children of USCs are allowed, but only if under 31.

• Spouse/child of LPR will be treated like spouse/child of USC (not subject to annual numerical limitation)

• Diversity Lottery Program eliminated.

Major Changes to Current Employment-based Green Card Process

Eliminates annual numerical limits on the following:

•Employment-based Derivative Beneficiaries

•Aliens with Extraordinary Ability

•Outstanding Professors and Researchers

•Multinational Executives and Researchers

•Doctoral Degree Holders in Any Field

•Certain Physicians

Annual limitation on the number of employment-based immigrant visas (green cards) remains, but allocation changes:

•40% to Advanced Degree Professionals (Arts Sciences, Professions, Business) and Master’s Degree in STEM with Offer of Employment (5 Year Rule)

•40% to Skilled Workers and Professionals

•10% to Special Immigrants

•10% to Job Creators

Startup Visa Act

Geared Towards Job Creators But Not Clearly Defined in Senate Bill

Creates employment-based conditional immigrant visa (StartUp Visa) for a sponsored alien entrepreneur:

(1)With required amounts of financial backing from a qualified investor, government entity, or venture capitalist; and

(2) whose commercial activities will generate required levels of employment, revenue, or capital investment.

Merit-Based Green Cards

Starts 5 years after enactment.

Point System that Considers:1.Education2.Employment3.Length of Residence in the US and4.Other considerations

•120,000 Immigrant Visa Numbers Per Year (up to 250,000 based on unemployment and demand)

•Similar to Canadian Landed Immigrant Visa System

H-1B Visas

By the numbers:

•Raises Regular Cap from 65,000 to 110,000 (Good Right?)

•Can go as High as 180,000 Based on Demand

•Master’s Cap from 20,000 to 25,000

H-1B Visas

Current Law—Lose Job, Lose Status

Senate Bill—60 day Job Transition Period

H-4 Work Authorization—(If sending country has reciprocal law for US Citizens)

H-1B VisasHigher Wages, Fees and Bans

•50 or More E’ees and more than 30%/less than 50% are H-1/L-1--$5000 per additional worker

•50 or More E’ees and more than 50% are H-1/L-1--$10,000 per additional worker

•2014–If more than 75% E’ees are H-1/L-1—No more sponsorship

•2015—65% and 2016—50%: No More Sponsorship

Recruitment Requirement—Must Advertise on DOL Website for 30 days before Sponsoring H-1B Worker (Impact?)

W Visa• For Lower-skilled Workers (Not Bachelor’s Degree Positions)

• Employers Must Register to Participate

• New Agency—Bureau of Immigration and Market Research (Devise Cap, Position Methodology)

• Initial Period 3 Years; 3 Year Renewals; Spouse and Children (Work Authorization)

• Cannot be Unemployed for over 60 days

• 30 Day Recruitment Requirement

• Cap—20,000 First Year Increasing Up to 75,000 in Subsequent Years

Questions for us?

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