IMMIGRATION ATTORNEY

CARL SHUSTERMAN

Hot Topics in Immigration Reform

Proposed Immigration Reform Bill (S.774)

Passed by the Senate on June 29

What will happen in the House?

No single bill as yet

Forcing a Vote?

Discharge Petition?

Legalization

Entered U.S. before 12/31/2011

Registered Provisional Immigrant (RPI)

Pay a penalty, back taxes

Receive work authorization

May travel abroad

LPR after 10 years

Citizen after 3 more years

Generous provisions for DREAMers, agricultural workers

Family-Based System

Move FB-2A into immediate relative category

Allow for derivatives of immediate relatives

Eliminate the FB-4 category

Married children of U.S. citizens eligible until 31

Return of the V visa

Employment-Based System

Exempt from quotas:

EB-1 immigrants

Doctoral degree holders,

Physicians who have completed the foreign residency requirement

Derivatives

EB-6 category for certain start-up investors

Temporary Workers

W-1 visa for lesser-skilled workers

W-2 visa for contract-based workers

W-3 visa for "at-will" E-B workers

W-2/W-3 visas to replace H-2A program

Asylum

Eliminate the one-year filing deadline

Authorize asylum officers to grant asylum during credible fear interviews

Mandatory E-Verify

All employers to be on the system after 5 years

“Biometric Work Authorization Card”

“Biometric Green Card”

H-1B Visas

Increase general cap to 110,000. 180,000 max

Raise advanced degree cap to 25,000 Limited to STEM grads

Recruitment requirement for all H-1B LCAs

EADs for spouses

60-day grace period after H-1B job termination

Fraud

Crime to knowingly defraud an immigrant or falsely claim to be an attorney or accredited representative

ID required for individuals helping immigrants with their forms

Attorney General to prosecute fraudulent "immigration service providers" at federal level