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| Форум Льва Кобрина. |
| SOLVE Summary |
Lev Kobrin
Miami |
4/27/04
Democratic Comprehensive Immigration Reform
OVERVIEW OF LEGISLATION
EARNED ADJUSTMENT
Immigrants who have been here for five (5) or more years on date of introduction and can demonstrate 24 months in aggregate of employment (including self-employment) in the U.S. and payment of taxes would be eligible for legalization. The principal applicant's spouse and unmarried children under 21 are also eligible. These applications will be adjudicated outside the caps/numerical limitations
Grounds of inadmissibility related to undocumented status would be waived
Applicants shall undergo criminal background checks and medical examination, and register with the Selective Services. They shall also be able to travel and work with authorization while application is pending
Applicants shall demonstrate an understanding of English and civics, or be pursuing a course of study to achieve such understanding
The Department of Homeland Security (DHS) shall not use the applicant's information for any purpose other than to make a determination on the application, unless they have committed fraud or are a national security threat (confidentiality)
Bill provides for administrative and judicial review for denials of an application
Applicants here less than five years shall be eligible—after a background check—for transitional status (TS) of 5 years, during which they shall be able to work with authorization and travel abroad. After 24 months of work in aggregate, they, too, shall be eligible for adjustment of status
FAMILY REUNIFICATION AND BACKLOG REDUCTION
Immediate relatives will be exempted from counting towards the 480,000 ceiling on family-based immigrant visas and include immediate relatives of permanent residents
Per-country ceilings on visas: Immigrants waiting more than five years shall be allocated a visa outside the per-country limits
Unused family-based visas in any given year shall be "recaptured" and applied to future years without per-country limitations
The income test for the affidavit of support shall be reduced from 125% to 100% of the poverty level
The 3- and 10-year bars to re-entry shall be repealed
4/29/2004
Future Worker Program
Establishes worker visa programs (H-1D & H-2B) for workers in low-skilled positions (workers who qualify for other visas shall be excluded). 250,000 such visas shall be available for H-1D workers for a period of 2 years and renewable for 2 additional terms (6 years total). 100,000 such visas shall be available for H-2B workers for a period of 9 months and renewable for up to 40 months
Immediate family members may accompany the H-2B and H-1D visa holder, but will only be eligible to work if they, too, qualify for an H-2B or H-1D visa or other work visa
Worker could move to another H-2B or H-1D job after 3 months (job portability)
H-2B and H-1D programs shall include a path to permanent residency, wherein an employer could immediately petition for a worker upon initial employment or a worker could self-petition after 2 years of employment. These adjustment applications would be adjudicated outside the caps on visas
The Department of Labor must approve through a strengthened attestation process that U.S workers are not available and that the employment of foreign workers will not adversely affect the wages and working conditions of U.S. workers. Foreign workers can only apply for a job offer from an employer who has complied with DOL obligations. DOL shall also have the authority to enforce compliance with terms of program through inspections and audits (as well as complaints)
H-2B and H-1D workers shall be able to pursue a private right of action against employers who fail to comply with the provisions and requirements of the worker program
H-2B
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