March 4, 2006

Proposed Immigration Reform Bill

The Senate Judiciary Committee will hold meetings to mark up an immigration reform bill submitted by Arlen Spector. Some of the sections contained in the bill are cited below.

INCREASE OF THE H-1 CAP

- Increases the annual H-1B visa cap to 115,000. If the limit is reached during any fiscal year, the limit for the following year will be increased by 20%.

- Exempts 20,000 additional visas for advance degree holders in the science, technology, engineering, or mathematics (STEM).

RELIEF OF EMPLOYMENT BASED VISA BACKLOG

- Increases the annual limit for employment based visas from 140,000 to 290,000.

- Exempts from the numerical cap advanced degree holders in STEM fields who have worked therein for three or more years. Outstanding researchers and professors, and applicants under "national interest" waivers, and family members of the principal applicant, will also be exempt.

- Exempts from labor certification, those workers who hold STEM advanced degrees from U.S. institutions.

STUDENT VISAS


- Extends the optional practical training (OPT) period 2 years or 24 months.

- Creates a new visa, F-4, for students who come to the U.S. seeking advanced degree in a STEM field. The immigrant intent would not apply to these students, and they would be given 18 months to find employment in the U.S after graduation.

- F-4 holders would be able to apply for permanent residence directly - by paying a $1,000 fee.

GUEST WORKERS

- Creates a new H-2C category for foreign nationals who wish to come to the U.S. and perform labor other than in professional positions. A 6 year term would be allotted. The application would require a fee of $500 and a medical examination. Following this six-year period, the worker would have to return to his/her home country for at least one year. An H-2C worker could lose his/her H-2C status if he/she remains unemployed for more than 45 days. Portability, similar to that allowed under the H-1B guidelines, is also allowed under the H-2C. Spouse's of H-2C holders could enter the U.S. under H-4 status for a $500 fee.

- Undocumented workers would be allowed to regularize status through conditional non-immigrant status. There is no path to any permanent resident status. Furthermore, guest workers would be required to waive review of deportability charges except for asylum or other protection from fear of persecution.

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If the Committee approves this legislation, then the Majority Leader would then have to decide whether the entire Senate will debate and vote on it. We will update you as more information becomes available.

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