May 20, 2005

Comprehensive Immigration Reform Bill Introduced

The Secure America and Orderly Immigration Act was introduced May 12, 2005 under the bipartisan bill leadership of Senators John McCain (R-AZ) and Ted Kennedy (D-MA) and Representatives Jim Kolbe (R-AZ), Jeff Flake (R-AZ) and Luis Gutierrez (D-IL).

These Congressional leaders have taken the White House lead on immigration reform and produced a bill that addresses the serious issues -- security, safety and lawful immigrant worker programs.
Laura Reiff, the co-chair of the Essential Worker Immigration Coalition (“EWIC”) and head of the national immigration practice at Greenberg Traurig worked closely with all parties to come up with a workable bill. Please see EWIC press release.

The bill consists of eleven titles addressing many different components of immigration reform, border security, and enforcement:

Title I -- Border Security
Title II -- State Criminal Alien Assistance
Title III – Essential Worker Visa Program J - names after EWIC
Title IV -- Enforcement
Title V -- Promoting Circular Migration Patterns
Title VI -- Family Unity and Backlog Reduction
Title VII – Adjustment of Status and H-5B Non-Immigrants
Title VIII – Protection against Immigration Fraud
Title IX – Civic Integration
Title X – Promoting Access to Health Care
Title XI – Miscellaneous – Amend to INA Section 274B – Anti-Discrimination Protections

Title III - Essential Worker Visa Program – New H-5A Non-Immigrant Temporary Worker Programs

This program excludes consists 400,000 visas for initial year with a mechanism to regulate the visas allocated through an escalator mechanism. Visas would be granted for an initial three years with an option to extend up to six years. Spouses and minor children will derive status. Petitions are to be filed by the individual at a US Consulate with evidence of an offer of employment from the new Employment Eligibility Confirmation system or evidence from employer, employer groups or unions. Much is left to the Secretary of State to work out details.

Title IV Enforcement - Swipe System to Replace I-9 System

The bill would establish the use of tamper resistant cards issued by Secretary of State to H-5A workers. These would be used for employment eligibility in lieu of the old I-9 program. As this system is phased in, the I-9 system would be phased out.

Title VII - New H-5B Visa and then Adjustment to Permanent Residence Status - Outside the Employment Based Caps

For those foreign nationals working in the U.S. but out of status, the bill would provide a mechanism for them to change status to H-5B visa status. Individuals would be required to pay a fine and filing fee in order to change status. These individuals would then be eligible to remain in the US for purposes of working for up to 6 years. If after 6 years of work, they wish to remain in the U.S., they would be eligible to pay an additional fine and filing fee and adjust to permanent residence status.

This legislation’s focus on security, both domestic and economic, is key to its prospects for passage. We will be evaluating other sections of the bill and providing additional details in upcoming articles.