April 19, 2013

A bi-partisan group of Senators, the Gang of 8, have put together a framework for the immigration reform that America is waiting for. The Gang of 8 senators submitted the immigration reform bill that includes a pathway to citizenship as well as providing new opportunities for legal immigrants to obtain permanent residency and investors to obtain investor visas or green cards.

 

The proposed reform includes 8 fundamentals: Legalization, allow noncitizens who entered the US illegally before December 31, 2011 to adjust their status; Family-Based Immigrants, move the spouse and children category into the immediate relative classification; Employment-Based Immigrants, exempt EB-1 immigrants, doctoral degree holders, physicians who have completed the foreign residency requirement, and derivatives from the quota; Temporary Workers, create a W-1 visa for lesser-skilled workers, a W-2 visa for aliens coming to the U.S. temporarily to perform agricultural services or labor under a written contract, and a W-3 visa for "at-will" workers with an offer of full-time employment in an agricultural occupation; H-1Bs, increase the quota to 110,000 and master cap to 25,000 but limit it to STEM graduates, add a recruitment requirement for all H-1B labor condition applications, provide EADs (work authorization) for spouses; Asylum, eliminate the one-year filing deadline and authorize asylum officers to grant asylum during credible fear interviews; E-Verify, require all employers to be on the system after 5 years; and Fraud, make it a crime to knowingly defraud an immigrant or hold oneself out as an attorney or BIA accredited representative when one is not authorized to do so. Please bear in mind that this is just a proposal. There is a long process before this proposal can become law. Please stay tuned for the detail updates.