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1. Proposed Immigration bill – “Border Security, Economic Opportunity, and Immigration Modernization Act.”
Summarization of proposed Immigration bill
The proposed legislation crafted by a group of four Democratic senators: Schumer, Dick Durbin of Illinois, Robert Menendez of New Jersey and Michael Bennet of Colorado; and Republicans McCain, Jeff Flake of Arizona, Lindsey Graham of South Carolina and Marco Rubio of Florida has brought forward many important proposals affecting a large spectrum of – Immigration, Visa, Employment and border security force. Let us take a look at some of main the proposed suggestions.
There is a huge concern about securing the borders of the US, especially the high risk areas in order to curb the problem of illegal migrants. This will be a side by side effort that will be achieved in a twofold manner by-
Securing borders
Legalization of illegal immigrants
Individuals in unlawful status may apply to adjust their status to the legal status of Registered Provisional Immigrant Status provided-
• They are staying the United States since December 31, 2011 and have continuously physically remained there.
• They have paid a penalty of $500 fee (except for DREAM Act eligible students), and back taxes and all other applicable fees.
Immigrants not applicable for legalization, if they have been convicted of an aggravated felony, convicted of 3 or more misdemeanors; been convicted of an offense under foreign law; have voted unlawfully if there has been any breach on Criminal, National Security, Public Health, or other morality grounds.
Some particulars for petitioning of RPI status
Spouses and children of people in RPI status can be petitioned as derivatives of the principal applicant and must be in the United States at the time of petition.
While in RPI status, an immigrant can work for any employer and travel outside of the United States too.
Those outside of the United States who were here before December 31, 2011 and might have been deported on non-criminal reasons can apply to re-enter through RPI status if they are the spouse, of or parent of a child who is a citizen or lawful permanent resident of the United States.
Application period will be for 1 year with the possibility of extension by the Secretary for an additional 1 year.
Provisions mentioned for Legal Immigration
• From the present four preference categories based on family relationships 480,000 visas are allocated to family. The new system will have two family preference categories covering unmarried adult children; married adult children who file before age 31, and unmarried adult children of lawful permanent residents. The current V visa is being expanded to include those with family relations.
• 40 percent of the worldwide level of employment-based visas will be allotted to : 1) members of the professions holding advanced degrees or their equivalent whose services are sought in the sciences and arts professions, or business by an employer in the United States (including certain aliens with foreign medical degrees) and 2) aliens who have earned a master’s degree or higher in a field of science, technology, engineering or mathematics from an accredited U.S. institution of higher education and have an offer of employment in a related field and the qualifying degree was earned in the five years immediately before the petition was filed.
• Proposes increasing the percentage of employment visas for skilled workers, professionals, and other professionals to 40 percent.
• Creation of a startup visa for foreign entrepreneurs immigrating to the US to start their own companies.
• 120,000 visas will be available per year based on merit. The number would increase by 5% per year if demand exceeds supply in any year where unemployment is under 8.5%. There will be a maximum cap of 250,000 visas.
New W-Visa Program for Lower-Skilled Workers
• A new nonimmigrant classification known as the W-Visa allows an alien to come to the US to work for a registered employer. The W-Visa holder’s spouse and minor children will be allowed to accompany and given work authorization for the period the W-visa nonimmigrant is allowed in the US.
• A certified alien may be granted W nonimmigrant status for an initial period of three years and may renew his or her status for additional three year periods.
Cap on Visas
• The cap for W visas will be split into two six month segments in a year. The annual cap on the maximum number of registered positions that may be approved each year are limited for the first four years, 20,000 for the first year; 35,000 the second year; 55,000 the third year and 75,000 the fourth year.
• In addition to the number of registered positions made available for a given year, the Commissioner is at liberty to make available an additional number of registered positions for shortage occupations in a particular geographical area.
Please note that this bill is not a final bill. It still need to go through the Senate and then has to be signed by the President to become law. Therefore we advise caution on all the readers not to take this as the final draft. For more information call us at 510 742 5887.
READ FULL TEXT OF THE BILL HERE
2. Examining the W visa
The discussion about raising the annual limit on the number of H1B visas can rest for a while, even as the legislation introduced in the US Senate this week, is the latest buzz. Yes we’re talking about the proposed W visa is being a visa that might finally solve some of the immigration related problem that the immigrants and US employers have been facing in the past years. In short this particular visa will allow foreigners to enter the United States temporarily, under job sections for which no US workers are available.
Over the last week, the bipartisan Senate “Gang of Eight” finally after tremendous consultations with the Chamber of Commerce and the AFL-CIO in negotiating with different interest groups, came to an agreement on a very important aspect based on a practical immigration solution that is claimed to look into the problems of all kind of workers, with special emphasis on non-seasonal low-skilled migrant workers and how they could work in the United States legally.
Let’s check out some of the highlights of the W visa:
- There will be at most 20,000 W visas in the first year, 35,000 in the second year, 55,000 in the third, and 75,000 in the fourth.
- Recipients of the W visa, will be allowed to petition for permanent status after they complete their term.
- A W visa holder will be allowed to switch jobs while in the United States.
- The actual number of W visas issued, will be finally determined by a new Bureau of Immigration and Labor Market Conditions based on labor market conditions in the country.
- The visas will mostly be allocated in areas of occupations that face shortages as per the BILMC.
- There will be a permissible wages set for W visa holders so that there is no negative impact on U.S.-born workers in the same occupational category.
- The W-Visa is not a temporary visa
- Unlike other visa programs, this one will be data driven.
- W-Visa holders are to be covered by state and federal employment laws like other U.S. workers.
There are of course several guidelines to issuing the W visa. An employer who cannot find American workers for a position can register a job opening slot for a three-year period. During this period, they will be authorized to hire foreign workers for the slot. However no employer can register a job opening slot when unemployment in the metropolitan statistical area (MSA) for the primary job location for the worker is in excess of 8.5%.
An interesting approach to the W visa is the setting up of a new Bureau of Immigration and Labor Market Research which would operate within U.S. Citizenship and Immigration Services. The bureau is to have a politically appointed head, staffed by social scientists, professional economists and demographers. The bureau would also conduct research and prepare reports on immigration in the U.S. and make annual recommendations regarding the visa cap and employing of foreign workers under different situations.
Though the W-visa program might not be as big as of now and will probably accommodate or cater to a small section of the employers and job positions, its importance lies in the fact that it is an indicator to a workable architecture for a practical visa that will lead to more comprehensive immigration reforms. Hopefully this will be a beginning for the AFL-CIO’s campaign to build a better and more practical immigration system which caters to both the employers and workers.
Note that the W-visa has not become law yet and until it is further discussed and accepted and signed by the President it is still at a ‘proposition stage’. We advise people not to pay any fees or try to file for such a visa unless you talk to your attorney. You can reach our office at 510 742 5887 if you want more information.
3. Am I eligible for an H1B visa?
Answer the questions below and check the answers to assess the possibility of being eligible for a US visa or other benefits. Note that this is just a preliminary evaluation. You should not rely on the results to act or refrain to act on your case. You might also be eligible for more than one benefits. Please go over all the eligibilty benefits. However actually recommend a full consultation to assess your eligibilty(ies).
Call us at (510) 742 5887 to schedule a full consultation.
* Do you a US Bachelor’s or US equivalent Bachelor’s degree (combination of experience and experience & education accepted)?
Yes or No
If YES – then proceed to find out if you are being offered an specialty occupation under the H1B visa requirements.
*** What is a specialty occupation?
The job must meet one of the following criteria to qualify as a specialty occupation:
Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
- The employer normally requires a degree or its equivalent for the position
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:
- Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
If you do not qualify check other
4. Eligibility to file for a U Visa.
Answer the questions below and check the answers to assess the possibility of being eligible for a US visa or other benefits. Note that this is just a preliminary evaluation. You should not rely on the results to act or refrain to act on your case. You might also be eligible for more than one benefits. Please go over all the eligibilty benefits. However actually recommend a full consultation to assess your eligibilty(ies).
Call us at (510) 742 5887 to schedule a full consultation.
* Are you victim of a Crime and are you collaborating with the authorities in finding the perpetrators?
Yes or No.
If the answer is YES – then check you might qualify for a U Visa provided the crime falls within the crime indicated by the U visa chart.
Note that some victims of certain crimes cannot really assess if the crimes they were victim of do qualify for this visa. This is why we recommend to talk to an experienced immigration lawyer to assess the possibilities. You can reach us at (510) 742 5887, should you have any questions on the matter.
5. Special Visa for Abused spouses
Answer the questions below and check the answers to assess the possibility of being eligible for a US visa or other benefits. Note that this is just a preliminary evaluation. You should not rely on the results to act or refrain to act on your case. You might also be eligible for more than one benefits. Please go over all the eligibilty benefits. However actually recommend a full consultation to assess your eligibilty(ies).
Call us at (510) 742 5887 to schedule a full consultation.
* Are you married to a US citizen or permanent residence or have been divorced within the last 2 years and you are being abused or have been abused by your spouse?
Yes or No
If YES – then you might be eligible for a VAWA petition.
If the answer is NO – and you are victim of domestic violence (reported to the police and you have actually assisted in the prosecution), you might be eligible for a U-Visa.
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