A major piece of comprehensive immigration was approved by the Senate. Among other things, this law would provide a much-needed method for persons in this country without status to obtain legal status again. This bill contains the following positive elements:
- Increased H-1B visa numbers for employers;
- increased immigrant employment-based visas to help alleviate the immense backlog that exists;
- a reasonable guest worker provision for companies that have hard to fill non-professional positions;
- and a provision for the talented immigrants to obtain legal status and attain a well deserved place in today's labor market.
The latest version of the Senate’s bill, as of press time contained a tiered system that follows McCain-Kennedy’s original proposal of an earned path to legalization for those who have been in the US the longest.
Those in the US for over five years would be given guest worker status and be put at the back of the line for the path to residency and citizenship. It is believed this path would be open approximately five million people and could take eleven years.
Those in the US between two and five years would have to go one of 16 ports of entry (probably at the border) determined by the US Visit program (now at the airports and land borders) and would be given a temporary visa which be given temporary visa which would allow them to immediately return to the United States. Once back in the United States they could apply for residence and citizenship the same as the first group. It is anticipated that three to four million people would be eligible and they would end up waiting a few years longer than the ones who have been here five years.
Those who entered after January 7, 2004 – the date President Bush first mentioned guest workers in a speech – would be required to leave the US immediately, however, they may not be subject to the three and ten years bars which means they should be eligible for the temporary guest worker provisions.
As many know, the House immigration bill, HR 4437, also known as Sensenberenner-King bill, was passed by the House last December just before Christmas. It has no guest worker provisions, no earned path to legalization, and it will criminalize those who overstay or enter the US illegally as well as nearly everyone who “aids” someone who is undocumented.
The two bills must now be reconciled by a Senate-House Conference Committee that will soon be formed and convened to determine the final terms of the Immigration Reform law.
Then the final bill will go to President Bush for approval. The President has publicly stated his support for the Senate version providing a path to permanent residence for those here out of status presently.
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