April 8, 2006

Immigration Reform Hits a Roadblock

The Senate rejected motions to cut off debate because of disagreement over the number of amendments that senators could offer and the nature of the same amendments. Therefore, the Senate was unable to approve the immigration reform bill, and it adjourned for the Easter recess.

However, and before leaving for the recess, Senators Hagel, Martinez and Specter reintroduced the compromise reform bill once again. If this bill becomes law, it would allow:

- Undocumented workers who have been in the US for more than five years and who have worked for at least three years, to obtain permanent residency by working for six more years after enactment, paying back taxes, learning English, paying a $2,000 fine, and meeting other requirements,

- Undocumented workers who have been in the US for between two and five years to receive a temporary employment visa, but require them to return to their home countries to process immigrant visa applications for permanent residency, and,

- Undocumented workers who have been in the US for less than two years to apply for a temporary work visa but only by returning to their home countries for processing.

There would be 400,000 new worker visas allotted per annum.

Other provisions would also increase the H-1B cap to 115,000 per year, and allow for increases of the same cap by 20% in any new fiscal year where the cap in the preceding fiscal year was completely exhausted before it ended. Graduate degree holders (Masters and Phd.) in science, technology, mathematics and engineering (STEM) would be exempt from the cap. Employment-based immigrant visas would be increased from 140,000 to 290,000, and STEM graduate degree holders and their spouses and children would be exempted from the same cap. The immediate cap for immigrant workers would increase to 450,000 temporarily to accommodate the volume of adjustment applications from guest workers/undocumented aliens. This temporary increase would sunset in 10 years. A final provision would allow students coming to the US to earn graduate degrees in STEM fields to adjust to permanent resident status upon graduation by paying a $2,000 fee.

The Senate may consider this bill when it returns after its two week recess period.

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