On April 29th, Congressional Senators Reid, Schumer and Menendez released an outline of the long awaited Comprehensive Immigration Reform proposal called “Real Enforcement with Practical Answers for Immigration Reform” (REPAIR) Act to repair our nation’s broken immigration system. The full Immigration Reform Bill is expected to be formally introduced shortly. Even though the proposal is heavy on border security measures, there are many great provisions. The following are highlights of the major immigration related provisions. Over the next few weeks I will go into more detail on certain specific provisions:

Amnesty & Legalization- “Lawful Prospective Immigrants” (LPI):

Amnesty for all immigrants in the U.S. who are not in legal status to register, pay fines and apply for immigration status as: “Lawful Prospective Immigrants” (LPI). Two Phases:

Phase 1, (Amnesty) Registration, pay penalties, receive Work and Travel permits.

Phase 2, (Legalization) file tax returns and pay back taxes, then after 8 years as an LPI, apply for Green Card. Spouses and minor children of LPI’s living abroad will also be eligible for legalization. Those NOT Eligible for LPI Status: 1) foreign nationals who are currently in the U.S. in legal immigrant or nonimmigrant status (i.e. tourists, students, workers, etc.) 2) foreign nationals who enter the U.S. illegally after the date of introduction of the bill and those with Felony offenses punishable with a term of imprisonment greater than 1 year, or 3 misdemeanors. Since the formal “Bill” has not been introduced in Congress yet, technically, the immigration door has not closed. There is also a possibility that foreign nationals who are currently inside the U.S. in legal immigration status as of the date of the introduction of the Bill, but who later “fall out” of legal status after the Bill is introduced, may still qualify. This may prove to be a major “grey area” if not adequately addressed in the Bill itself.

Reductions in Family-based Immigrant Visas: Reform the U.S. Green Card system to add thousands of immigrant visas in order to eliminate the family immigration backlog in 8 years.

Spouses and Children of Green Card holders would be reclassified as “Immediate Relatives”: Major reform to give immediate family members of U.S. Residents the same rights, priority and immigration status as those of U.S. Citizens.

Permanent Partners of U.S. Citizens and Green Card holders: Eliminate discrimination by allowing same-sex partners of U.S. Citizens and Green Card holders to obtain Green Cards.

Technology Green Cards: To attract the best and brightest from around the world, Green Cards will be immediately available to foreign students with advanced degrees from U.S. universities in the fields of science, technology, engineering, or mathematics, with a job offer from a U.S. employer in the field related to their degree.

New Work Visa H-2C: For non-seasonal, non-agricultural workers to enter the U.S. to work for an employer for 3 years, and be renewable for a total of 6 years. H-2C workers can earn Green Cards at some point which the proposal does not clearly indicate. H-2C workers will be allowed to change employers after 1 year.

AgJOBS: Special Work visas for agricultural and dairy workers.

Stepchildren/Adoptive children and children with special needs: Reforms would be made to allow more humanitarian treatment of step, adoptive and children with special needs to provide for family unification.

H-1B Work Visas: Professional work visas will be much more limited and tougher to get, reduced numbers and increased audits of employers.

*This column is published for the purposes of providing a general understanding of immigration legal issues, as a public service and is not intended to establish an attorney client relationship. Consideration given to any immigration issue is not intended in any way to substitute for individual legal consultation with a licensed attorney. Readers should understand that this column and the foregoing illustrations are subject to different interpretations in each particular immigration case that may arise and no one reading this column should attempt to apply his own particular situation to the principles described herein. Readers with specific legal immigration issues should consult their attorney. If you have an immigration issue and do not know an attorney, you may call your state’s attorney Bar Association.