Senate Negotiators reach agreement on Comprehensive Immigration Reform Bill – with Senate debate beginning on May 21st – Still a long way from being a law!

On May 17, 2007, Senate negotiators reached agreement on the terms of a comprehensive immigration reform bill. This agreement sets the stage for what promises to be a bruising battle in the full Senate this week to reach a compromise. The early debates in the Senate on May 21^st have focused on strong Republican opposition to legalization, which have dashed the hopes of many supporters to an early passage. With that said, if the bill passes, the compromise measure will likely make many unhappy, since there are significant changes, including a massive change in the way family immigration cases are handled. Remember that this is still just a proposal, not a law and there may be several more months before we actually get a law, which may or may not include some or all of the below compromise provisions:

The Good News: The legalization part of the compromise is wonderful! The plan would give most of the estimated 12 million immigrants here illegally the chance to live, work and travel without fear and to become citizens eventually under a new “Z” Visa.

The Bad News: As a concession to Republicans, the Democrats had to compromise and agree to some very harsh terms, including large fines and a ridiculous requirement that when the time comes, Z-1 Visa “heads of households” must apply for Residency in their home countries - sending them on a foolish trip outside the U.S. to a U.S. consulate, rather than allowing them to remain and apply in the U.S. Further bad news is the elimination of several categories of family-based immigration, which would change over to a point-based system that shifts the preference toward those who have education and skills but not necessarily family relationships.

The Really Bad News: For workers outside the U.S. who want to enter to work in the U.S. in seasonal/temporary jobs such as agriculture, the “Y” temporary worker program would limit “Y” Visas to six years total, with no possibility to obtain a Green Card. Further, the existing Green Card Lottery will end.

Ridiculous News: Most provisions of the compromise bill require the U.S. Government to meet certain requirements “trigger events” BEFORE a “Y” Visa Guest Worker program will start or the actual Z visas will be issued (with the exception of “probationary” Z visas). The triggers:

1) Hiring 18,000 border patrol officers

2) 200 miles of vehicle barriers and 350 miles of fencing

3) 70 ground-based radars and camera towers on southern border,

4) deployment of four unmanned aerial vehicles

5) end of catch and release policy

6) resources to detain 27,500 aliens per day on an annual basis and

7) Implementation of secure identification tools to prevent unauthorized work and

8) receiving, processing and adjudication of Z visa applications.
Here is a basic overview of some of the more important provisions:

Z Visa - Legalization Program (Immigrants INSIDE USA): Creates four-year renewable “Z” visa. Immigrants who are currently inside the U.S., who arrived before January 1, 2007 will be able to immediately be eligible for a “Probationary” “Z” visa and the “Z” visa will be renewable indefinitely. The Z visa will allow employment authorization and travel permission. There are three categories of Z Visas:

1) Principal or employed alien (Z-1),

2) Spouse or elderly parent of a Z-1 alien (Z-2) and

3) Minor children of Z-1 alien (Z-3).

To be eligible for Z-1 status, an immigrant must demonstrate 1) Physical presence in the U.S. in illegal status before 1/1/07, 2) proof they are currently employed and 3) pay $1,500 in application fees and 4) pay a $1,000 Penalty to be eligible. There is an additional $500 fee for each dependant Z-2 & Z-3 (spouse, elderly parent & minor child).

Probationary Z Visa status will be awarded after the filing, fingerprinting and completion of a one day background check. After the “triggers” are met by the U.S. Government, (see above) and background checks complete, an applicant who can show continued employment and no criminal history can then apply for a Z visa.

Applying For A Green Card: A Z-1 (and dependant Z-2 & Z-3) can apply to adjust to lawful permanent residence after the current family backlog is eliminated (approx. 8 years) and pay a penalty of $4,000. The Z-1 must leave the U.S. and be issued the Immigrant visa at a U.S. consulate outside the U.S., presumably, the Z-2 & Z-3 family members can stay in the U.S. and adjust status here.

Guest Worker Program (OUTSIDE USA): The “Y” Visa “Guest Worker” will be for those who are not currently inside the U.S.. Applicants must apply outside the U.S. at a U.S. Consulate for the two year visa, which will be renewable up to three times (6 yrs total). This program will not be implemented until various border and worksite enforcement measures are completed at some target date. Guest Workers cannot apply for Green Cards as Y Visa workers, but may be able to apply through the existing employment-based, family-based or the new points-based immigration systems.

Family Immigration System: The existing system will be modified and supplemented by a new “point” system. “Immediate relative cases” (spouses, minor children and parents of U.S. Citizens) and the Family 2-A cases (spouses and minor children of Residents) would remain the same, however, adult children and sibling categories (brother/sister) will be rolled in to a new point system where family relationships will add points, along with other factors such as English language proficiency, job skills and educational credentials.

***For currently pending application in the F-1 (adult children of US citizens), F-2B (adult children of permanent residents), F-3 (married children of US citizens) and F-4 (siblings of US citizens)
Categories of the Family-based system, under the present proposal, only those cases filed before May 1, 2005, will be processed under existing law. Those filed after 5/1/05, which are still pending, are subject to the new merit-based points system. Points will be awarded based on the following areas: 1) Ability to speak English, 2) Level of schooling, including added points for training in science, math, and technology, 3) Job offer in a high-demand field, 4) Work experience in the United States, 5) Employer sponsorship/endorsement and 6) Family ties to the United States.

New Parent Visa: will be created to allow parents of US citizens to visit the US for up to 100 days per year.

DREAM Act : – Individuals under 30 who entered the US before the age of 16, can qualify for a green card after three years, as long as they meet certain requirements, including: 1) The immigrant has a probationary Z or Z Visa, 2) has been physically present in the US for a continuous period since January 1, 2007, 3) is under 30 years of age on the date of enactment, and had not yet reached the age of 16 years at the time of initial entry, 4) has earned a high school diploma or obtained a general education development certificate in the US, 5) has a college degree from the US or has completed at least 2 years, in good standing, in a program for a

bachelor’s degree or higher degree in the US, or 6) has served in the uniformed services

for at least 2 years and, if discharged, has received an honorable discharge.

What Is Anticipated To Happen In The Next Few Weeks:

Senate: The full Senate Debate began Monday, May 21^st and is expected to last several weeks, with final passage of an amended bill accomplished perhaps as early as Friday, June 1st. Once this happens, the action will shift to the House. IF THE SENATE DOES NOT PASS A BILL, the House will not take up any comprehensive immigration legislation this year.

House: If the Senate passes the bill, the House will complete a series of hearings this week, and following its Memorial Day recess, it will begin "markup" of an immigration bill in the immigration subcommittee, then the full House for debate sometime in July 2007. If the Senate and House bills are different, the House bill will then go to "conference" with whatever bill was voted out of the Senate. Senators and House members will try to reach a compromise bill, which then goes back to the House and Senate floors for final passage. Finally, once all this is accomplished, if passed, be sent to the President to sign.

Once the President signs the bill, it becomes a LAW. Once a law is established, the government must write the actual regulations which state how to carry out the law. This could take another 3 months or so before they are finalized and applications can be made with the USCIS for the probationary Z visa.

This gives immigrants time to begin preparing for application by getting the necessary documentation together for individuals and family members. Since the fees and penalties amount to $2,500 for each Z-1 and $500 for each Z-2 & Z-3, immigrant should begin setting aside funds to pay the filing, penalties and any professional preparation fees, so that applications can be filed immediately, once the USCIS begins acceptance. Finally, for those who have been working, get together copies of pay stubs and receipts. Those that have been working without obtaining pay stubs and receipts must begin requesting them now. For those who are not currently employed, remember that one of the requirements will be to prove that you are working, so you may want to take steps now to secure employment.