Comprehensive Immigration Reform: White House Circulates Draft Immigration Reform Principles
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Comprehensive Immigration Reform: White House Circulates Draft Immigration Reform Principles

On March 28, 2007, the White House presented a PowerPoint presentation illustrating the results of its most recent negotiations with Republican members of Congress regarding comprehensive immigration reform. The agreed principles are as follows:

1. Revamp the green card system and “clean up” family backlogs by reducing family visa preferences: The revised immigration system’s emphasis would be on jobs and talent rather than families. As a result, the preference categories of siblings of US citizens, married adult children of US citizens, and unmarried adult children of US citizens would be eliminated. A US citizen would not be able to petition for any adult sibling or child to enter and live in the United States. There would also be caps on petitions from parents of US citizens. The diversity visa would also be eliminated. *Individuals who were petitioned by a US citizen family member prior to the change in immigration law will continue to be eligible to enter the US and adjust status.

2. Bring illegal workers out of the shadows by granting them temporary indefinite status: All illegal aliens currently in the US who wish to benefit must register within a year of the law’s enactment. After the registration period and after passing background checks, the immigrant can obtain a new “Z” visa. The Z visa is valid for 3 years and can be renewed indefinitely every 3 years. To renew for the first time, the immigrant must take and pass an English/civics naturalization test. Each time the immigrant renews the Z visa, she must pay a $2,000 fine and a $1,500 processing fee.

The immigrant will not receive any Social Security tax payments made while working illegally. Additionally, Z visa holders are not eligible to receive any public benefits other than emergency care and primary and secondary education. They cannot petition for any relatives and will be eligible to adjust their status to permanent resident after visa backlogs are cleared. A fine of $10,000 will have to be paid before adjusting status to permanent resident and the adjustment of status will take place in the immigrant’s country of origin through consular processing. Applications will be decided based on new qualifying and equity factors such as home ownership, people with health insurance, children’s and applicants’ level of school success, learning English, etc.

3. Temporary Workers Program: The new “Y” visa for temporary workers would be created. The number of visas available would change each year based on market needs. Non-seasonal workers would get the visa for two years and then have to return home for six months before applying for another Y visa. After returning home, the temporary worker could get two more 2-year visas. In total, the temporary worker could obtain three 2-year visas that allow them to work in the US for a total time of 6 years. He would have to leave the United States for six months between each visa. They can NOT bring their relatives. The worker does not have to stay with the same employer. Seasonal workers would get a 9-month visa and then have to return to their home country for three months. Upon returning to the country of origin, the seasonal worker can apply for another 9-month visa, renewable indefinitely, going through the same process. Family members may NOT accompany the applicant. The Y visa application filing fee is $1,500.00 and employers must prove that US workers are not available. Seasonal workers must stay with the same employer. If the worker needs to change employers, he must wait outside the US for at least one year. There is no limit on the number of seasonal agricultural visas. *Y visa holders cannot remain in the US after the 6 year period ends unless a green card has been approved, not just in process. The Y visa holder would have to remain outside the US while applying for a green card and would compete against highly skilled workers in a new merit-based visa system.

4. Enforcement: The new law would create an employment verification system for all workers. Provides increased resources at the border and much higher rates for employers who hire unauthorized workers. Future attempts to enter the US illegally by foreign nationals would result in a permanent ban from entering the US.

This set of principles is a list of conclusions reached between the White House and Republican members of Congress. It is not a law. However, it does take a very descriptive look at what comprehensive immigration reform will require and provide. Most importantly, it gives you guidance on what you can do today to avoid injury from these recently negotiated principles for comprehensive immigration reform law.

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