July 20, 2005

Senate Introduces Another Critical Immigration Reform Bill

Senators Cornyn (R-TX) and Kyl (R-AZ), introduced the "Comprehensive Enforcement and Immigration Reform Act of 2005" (S. 1438) on July 20. Among other provisions, this legislation includes language for temporary workers, border control, worksite enforcement, and other reforms.

Specifically, and in part, the legislation includes:

***Creation of a new W Visa temporary worker program, for unskilled workers. The visa would require restrictive periods of stay for the applicant and his/her family members, and mandatory health screening. Employers would have test the labor market including by advertising in local media and in America's Job Bank, to insure no US workers are available, in a process similar to a labor certification application. The bill excludes an option for permanent resident status.

***Elimination of diversity visa lottery program and distribution of the 50,000 visa lottery numbers, along with unused visa numbers from previous years, to employment-based categories that are backlogged such as EB3.

***Creation of employment verification system that allows employers who unintentionally hire illegal workers to confirm employment status through this system, with no legal repercussions to the employer.

This bill has been introduced as a much much more restrictive version of the bill introduced in May by Senators Kennedy (D-MA) and McCain (R-AZ). Prior to any legislation being passed by Congress, negotiations between the members will take place as to what the final provisions in any bill may be. We expect a bill that would include some of the provisions indicated both all of the reform bills that have been introduced.

We will provide additional information as it becomes available.

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