Immigration Reform

[maverick41]

A bill to provide for comprehensive immigration reform and for other purposes aka Senate Bill 744, the Border Security, Economic Opportunity, and Immigration Modernization Act

On 05/09/13 the Senate Judiciary Committee held the first day of markup on S. 744. The first day of mark-up demonstrated that the four Senators from the "Gang of Eight" on the committee (Senators Graham (R-SC), Flake (R-AZ), Schumer (D-NY) and Durbin (D-IL)) are committed to continuing the spirit of bipartisan compromise that produced the original bill.

On 05/09/14 - Mark up day 2 . Here is a summary of proposed amendments by senators that were voted on and maybe of interest to some of the readers of this forum.

• (Whitehouse) requires DOL to create toll free number and a website for people who feel they have been knocked out of their jobs by the hiring of immigrants that is then inspected by the AG in one year. Passed by a voice vote
  
• (Grassley) requires additional information in Internet job postings for nonimmigrant employment in connection with the issuance of H–1B visas. Passed by a voice vote
  
• (Hatch) increases the labor certification fee required under section 212(a)(5)(A) and to use these fees to enhance the economic competitiveness of the United States by improving STEM education and training in the United States. Passed by a voice vote
  
• (Grassley) requires additional H and L audits mandatory, at least 1% of petitions, in addition to required audits of heavy users of the programs. Failed by a vote of 2-16
  
• (Cruz) raises the H-1B cap to 325,000. Authorizes dual intent for F-1 students as well.Failed by a vote of 4-14
  
• (Grassley) requires that the good faith efforts to recruit in the U.S. apply to all employers for H-1B visas. Failed by a vote of 2-15
  
• (Grassley) strikes all references to intending immigration in H-1B visas. Failed by a vote of 2-15
  

(Source: AILA.org)

**** Please don't forget that this is just a bill****

[learner2009]

Thanks for the info Maverick. I havent completly gone through bill, but as per current bill contents , do you know if this is going to benefit EB3 candidates in some way ? like their priority date becoming current or move by few year ?

Regards

Learner

[maverick41]

When it comes to employment based immigration -- there are no specific entries on the EB types except for the extension of the EB-5 regional center program through September 30, 2015. This bill is doing away with EB categories and coming up with a point based immigration system with different tiers (based on education, employment experience, high demand occupation , civic involvement, English language etc)

Now how is this bill relevant to those with pending green card applications?

Section. 2302 merit-based track two. of the bill mentions employment based immigrants broadly and that beginning on "October 1, 2014 the following aliens shall be eligible for merit-based immigrant visas- (1) employment-based immigrants. "

To summarize this section- an alien who is the beneficiary of a petition filed before the date of the enactment of this Act is eligible for a green card within 5 years after the date on which the petition is filed.

So the way I read it, if this bill if becomes law it will help all those with pending green card applications regardless of EB category.

[learner2009]

Thanks for the update Maverick. My PD is Aug 2011 with EB3, so can i assume that somewhere close to Aug 2016, I might get a GC assuming if this bill becomes law with text that is mentioned above ?

-Learner

[maverick41]

Glad to see that this information was helpful. If all goes well with the bill and if it is passed, I think the assumption that you will get a green card close to your projected date is correct.

The bill is going through mark ups now and when it does get presented to both the chambers of Congress I'm sure we will see a lot more changes. I highly doubt anyone on the Hill will want to modify the language in the bill for those waiting patiently for years with pending green card applications, especially since they have followed the rules.

Based on all the news reports it looks like the sticking point is going to be around undocumented individuals and on how this law would prevent illegal immigration in the future.

[maverick41]

5/21/12: Senate judiciary mark up completed- Here is a link to a video update from AILA (I'm hoping the moderator will allow it :))

http://www.aila.org/content/default.aspx?docid=44562

[maverick41]

5/23/13. There is a lot of political posturing going on. A lot of the conservatives got side tracked because of the IRS scandal and seem to be now focusing on the immigration bill.

GOP leaders said in a statement that the House “will not simply take up and accept the bill that is emerging in the Senate if it passes. … The House will work its will and produce its own legislation.” Speaker John Boehner (Ohio), Majority Leader Eric Cantor (Va.) and Majority Whip Kevin McCarthy (Calif.) issued the statement along with Conference Chairman Cathy McMorris Rodgers (Wash.) and Judiciary Committee Chairman Bob Goodlatte (Va.). The declaration represented a warning to Senate Democrats that they can expect a tough negotiation with the House even if both chambers produce immigration bills.

(Source: Washington Post)

We will just have to remain cautiously optimistic about the bill passing and become law.

[maverick41]

5/28/13. There is talk of a house version of the immigration bill and we should get to hear more about it when members of Congress return from memorial day recess. It looks likes some GOP leaders want to take a piecemeal approach (e.g. guest worker program for agricultural laborers, e-verify type program to track people entering and leaving the US) while others want to go for comprehensive reform in a single bill.

Rep. Raul Grijalva (D-Ariz) - "It would be much better if the House simply took up the Senate's immigration bill." Fellow Arizonian John McCain, agrees. "I'm still optimistic we will get this through the House and Senate"

The good news this time around when compared to the immigration reform attempt in 2007 is that the grass roots activists who derailed the bill seemed to have lost steam. Apparently anti-immigration rallies are smaller, phone calls to lawmakers offices are fewer and it ranks behind other discussion topics such as the IRS, Syria- Israel tensions and President Obama's speech on counter terrorism on conservative talk shows. " This time, there is not as much emotion on our side," said Mr. Beck of NumbersUSA. But, " I don't know if that means there is less resolve."

(Sources: NPR, Huffington Post, Wall Street Journal)

[Desi Dude]

How is this 'immigration reform' good for people who are already in the line and people who have already got GC after being in the line?

How is this bill good for the middle class, for all the people who have a job and for all the people who don't have a job?

[maverick41]

You have raised valid questions/concerns. The good news is that this bill is looking to tackle not just the issue of undocumented individuals but also the problems faced by people who have been waiting patiently in line with pending green card applications. Starting October 1, 2014 (if the bill becomes law) decisions will be made for those with pending green card applications in both the family and employment based categories.

Section. 2302 merit-based track two. of the bill mentions employment and family based immigrants and that beginning on October 1, 2014 the following aliens shall be eligible for merit-based immigrant visas-

(1) Employment-based immigrants. (2) Family sponsored immigrants

To summarize this section- an alien who is the beneficiary of a petition filed before the date of the enactment of this Act is eligible for a green card within 5 years after the date on which the petition is filed. Family based immigrant applications can also be awarded immediately in certain cases.

(3) Long term alien workers and other merit based workers

Are also eligible if they have been "lawfully present in the US in the United States that allows for employment authorization for a continuous period, not counting brief, casual, and innocent absences, of not less than 10 years."

To answer your question on what this means for those who have got a green card after being in line? I guess this would mainly apply to the Indians and Chinese who have had to wait the longest (at least in the EB category). I'm sure they wouldn't want others to go through the same ordeal as they have.

The truth is that the impetus of the bill is to resolve the issue of the millions of undocumented individuals that have been living in the shadows. In my humble opinion this needs to be resolved- its a moral, economic and security issue. There is a certain degree of exploitation of undocumented individuals that goes on that shouldn't be happening in a developed country such as the US. Having them become legal residents and pay taxes and contribute to the economy like everyone else makes sense.

The US has come a long way since first admitting the "huddled masses" and is now a developed and advanced nation. The immigrants and the children of those immigrants have gone on to do great things to help this nation. Since that time the US has closed the door to the huddled masses but opening it one last time to the huddled masses living among us in my opinion will only make this nation greater.

-----

"Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tossed to me.

I lift my lamp beside the golden door"

~ Statute of Liberty/Emma Lazarus

[nineballs]

Great posts -maverick41. Thanks for the continuous status updates. Great job.

[cap-gap]

How is this 'immigration reform' good for people who have already got GC after being in the line?

How is this bill good for the middle class, for all the people who have a job and for all the people who don't have a job?

just bcz we suffered for a decade, we can't demand that others need to suffer too...

immigration reform is aimed at illegal immigration problem and making them documented..not an economic stimulus package..

[cap-gap]

but opening it one last time to the huddled masses living among us in my opinion will only make this nation greater.

one final time is really crucial..aka border security..which the CSR addresses..there is no way they can round up 11 million already here and ship them back..they could've done already if they were able to..

but on ther other hand, irony is if they don't get any thing, 'people in line' wont get any thing too..

democratical process(vote bank politics) hijacked by ethnicty/race/bias...not good for the country..my state had to redraw cogressional district borders bcz some areas were 'stuffed up' with one ethincity..

[Desi Dude]

The "huddled masses" was true 200yrs back when US was baron and needed more people and there were not many ways to reach the shores. The laws were different then.

Its impractical today, since the whole world wants to come to US. So how many millions of "huddled masses" should US take in?

Most people don't know that US is the 3rd most populated country in the world !!!!!! And growing at a fast rate coz of immigration. US has the highest number of immigrants in the world in any given year !!!! Unemployment is very high. Poverty is high. Natural Resources are not enough. US needs to protect its own citizens first, thats why laws are different now. Thats why old laws and beliefs are irrational. Just like old slavery laws are irrational now.

[nineballs]

The "huddled masses" was true 200yrs back when US was baron and needed more people and there were not many ways to reach the shores. The laws were different then.

So, immigration only made sense when you had to immigrate?

[maverick41]

Lets not forget that this bill is mainly about the undocumented people living among us in the US. They are already here and some have families, kids in college and even fought in wars for the US. Yes they have broken the rules but that's why they have to pay fines, taxes and take the extra time to attain legal status. Mass deportation of 11 million people is just not going to work.

[Desi Dude]

Lets not forget that this bill is mainly about the undocumented people living among us in the US. They are already here and some have families, kids in college and even fought in wars for the US. Yes they have broken the rules but that's why they have to pay fines, taxes and take the extra time to attain legal status. Mass deportation of 11 million people is just not going to work.

Lets say we do what you say. Lets say tomorrow all illegals are made legal. Tell me, what would happen to the next million illegals who enter?

[maverick41]

Lets say we do what you say. Lets say tomorrow all illegals are made legal. Tell me, what would happen to the next million illegals who enter?

The question you raised is valid and is what most people on the Hill are bickering about. Opponents of the bill fear that this is a repeat of the 1986 amnesty law (Immigration Reform and Control Act/IRCA) but the key difference is that the new bill- SB 744 includes provisions for border and port security, penalties for hiring undocumented workers, stricter visa regulations, employment verification system, length of stay in the US, criminal background checks etc.

SB 744 is supposed to strengthen immigration enforcement. $4.5 billion is proposed for new border security which would include the purchase of new technology (drones, surveillance systems), fencing and more border agents. The hope is that this time around legislators would have looked at what went wrong in 1986/IRCA and put in all the right pieces for SB 744.

Immigration reform is needed, not just for the 11 million or more undocumented individuals but to also fix the immigration process for those who follow the rules in this complicated and sometimes even unfair immigration system.

[cap-gap]

Lets say we do what you say. Lets say tomorrow all illegals are made legal. Tell me, what would happen to the next million illegals who enter?

the very first sections in CIR bill lays out mandatory secured borders..even if the CIR is passed, it only applies to the illegals that entered atleast an year or two back..otherwise, there would've been tons of folks trying to jump the fence now in hopes of gettign benefited by CIR..

[Desi Dude]

The question you raised is valid and is what most people on the Hill are bickering about. Opponents of the bill fear that this is a repeat of the 1986 amnesty law (Immigration Reform and Control Act/IRCA) but the key difference is that the new bill- SB 744 includes provisions for border and port security, penalties for hiring undocumented workers, stricter visa regulations, employment verification system, length of stay in the US, criminal background checks etc.

SB 744 is supposed to strengthen immigration enforcement. $4.5 billion is proposed for new border security which would include the purchase of new technology (drones, surveillance systems), fencing and more border agents. The hope is that this time around legislators would have looked at what went wrong in 1986/IRCA and put in all the right pieces for SB 744.

Immigration reform is needed, not just for the 11 million or more undocumented individuals but to also fix the immigration process for those who follow the rules in this complicated and sometimes even unfair immigration system.

You did not answer my question. You are saying what politicians are saying. Let me ask again - Lets say all fences are completed, drones in place etc etc like you said, ...............what will happen to the next million people who jumped the fence or overstayed their visas??

Are you suggesting that after this bill is enacted, not a single person will come to US illegally or overstay their visa??

I guess you get my point now....the illegal immigration problem cannot be solved if people know that they will be given amnesty sooner or later. Giving them citizenship won't solve the problem.

[Desi Dude]

the very first sections in CIR bill lays out mandatory secured borders..even if the CIR is passed, it only applies to the illegals that entered atleast an year or two back..otherwise, there would've been tons of folks trying to jump the fence now in hopes of gettign benefited by CIR..

Really?? And you believe that? So what does the bill say about all the moms and children who came here illegally after 2011?

How do you prove or disprove that someone came here after 2011 or before? Utility bill? Well three brothers staying together, only one has utility bill in his name, what do you do with the other two brothers and their families?

Never believe what you are told by politicians, never !! Its impossible and impractical to prove if someone came after 2011 or not.

[maverick41]

6/3/13: "The Senate is expected to begin debating the bill by June 10. Supporters hope to pass it before the Fourth of July recess."

(Source: USA Today)

[cap-gap]

Never believe what you are told by politicians, never !!

huhh? this is not election campaign..it is part of the proposed bill..

and you do know that these 11 million are already here for decades not paying taxes and they are not in DHS system, right?

[maverick41]

Desi Dude,since you have been asking all the questions let me ask you one- so what do you propose Congress do about immigration and the 11 million plus undocumented individuals living here?

[rahul412]

@maverick41 : Please do not respond to other posts on this topic. We want this particular topic to be opened so that we can follow your updates about immigration reforms.