Comprehensive Immigration Reform Bill
Debate Continues in the Senate
On May 17, 2007, Democrat and
Republican Senators have agreed to
debate Senate Bill 1348 which if
passed would make sweeping changes to
the current immigration laws. A
number of amendments have been voted
upon and even more are waiting. The
final version may look very different
than originally introduced. A summary
of some of the provisions of the
Senate bill are listed here.
●The current Diversity
Lottery Visa Program would be
eliminated
●No Green Cards for brothers
and sisters of US citizens
●No Green cards for adult
children of US citizens
●The current employment
based Green Card Program would be
eliminated
●Increased Border
Enforcement including 18,000
additional border agents, 200 miles
of vehicle barriers, 370 miles of
fencing, 70
●New "Z" visa
The "Z" visa would allow persons who
were in the US before January 1, 2007
a probationary visa to work. The
probationary work visa would remain
in place until the US government
finished a 300 mile fence along the
Southern border with Mexico .
Congress believes it will take 18
months for the US government to
complete its border enforcement
program. Once the border fence is
complete, USCIS will allow
probationary visa holders to apply
for the "Z" visa. Once completed, the
workers may apply for a 4 year work
and travel visa which would be
renewed another 4 years, for a total
of 8 years. During the 8 years, the
worker would need pay a $1,000 fine,
pass a background check, remain
employed in the US , maintain a clean
criminal record and return to their
home country for an application
process. After the 8 years, the "Z"
visa holder can apply for a green
card. To apply for the green card,
the worker must pay a $4000 fine,
show s/he has learned English,
demonstrate "merit" (meaning
education, job skills and family ties
to the US), and return to his/her
home country until the green card
applications currently filed are all
processed. It would take
approximately 13 years for a green
card. Once a green card holder, it
will take at least another 5 years
before US citizenship, for a minimum
of 18 years to become a US citizen.
The cost for a single Z visa holder
to legalize would be at least $8,500,
and could be as high as $11,500. Z
holders would not be permitted to
sponsor spouses or minor children who
are outside the U.S. as of January
2007.
●New "Y" Visa
Under this new temporary worker
program, 400,000 employees may work
in the US , but only 2 years at a
time. Then they must return to their
home country for 1 year. The workers
may do this for up to 6 years of
work. The worker could not bring his
or her family
●New Green Cards through a
merit system so that persons who are
more highly education or have
desirable job skills can apply for a
green card. The new "point system"
would be geared toward highly
educated, English-speaking
professionals. The point system
contains no provisions for
multinational managers, extraordinary
ability aliens, outstanding
professors or researchers, or those
doing work in the national interest.
There would be no labor market test
to protect native-born workers.
●Family based applications
which were filed before March 2005
would be grandfathered in and process
as they would when filed. However,
all would be processed within 8
years.
The American Immigration Lawyer's
Association predicted time frame for
possible presentation of a bill to
President Bush for his signature is
at least October 2007. If the Senate
passed the bill and the House later
passes a different bill, the two
different bills would have to be
reconciled and both the Senate and
House would have to pass the final
version, before it could be sent to
the President to be signed into law.
The Senate will return from its
Memorial Day holiday recessed and
resume debate on June 4, 2007.
Best regards,
JoAnn L. Barten
Barten Law Office, P.C.
P.O. Box 1604
1212 McCormick Ave., Ste. 100
Ames , Iowa 50010
515-233-4388
515-233-5911 FAX
www.bartenlaw.com