ImmigrationTalk...Immigration Bill Introduced by Senate Attorney Gail Seeram (Part 2)

ImmigrationTalk…Immigration Bill Introduced by Senate Attorney Gail Seeram (Part 2)

Apr 21, 2013 News

By Gail Seeram
Amendments to Family Immigration & Elimination of Brother/Sister Sponsorship: Under the new system there will be two family preference categories and they will cover unmarried adult children; married adult children who file before age 31, and unmarried adult children of lawful permanent residents.
The V visa will be expanded to allow individuals with an approved family petition to live in the U.S. and allow certain other family members to visit the U.S. for up to 60 days per year. The Bill eliminates the availability of immigrant visas for siblings of U.S. citizens once 18 months have elapsed since the date of enactment. The bill amends the definition of “immediate relative” to include a child or spouse of an alien admitted for lawful permanent residence – thereby shortening the current waiting period for an immigrant visa.
The Bill amends the existing category for married sons and daughters of citizens of the United States to include only sons and daughters who are under 31 years of age. The Bill eliminates the Diversity Visa Programme. Aliens who were or are selected for diversity immigrant visas for fiscal years 2013 or 2014 will be eligible to receive them.
Amendments to Employment Immigration: On the employment green card categories, the Bill exempts the following categories from the annual numerical limits on employment-based immigrants: derivative beneficiaries of employment-based immigrants; aliens of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; multinational executives and managers; doctoral degree holders in any field; and certain physicians.
The Bill increases the percentage of employment visas for skilled workers, professionals, and other professionals to 40 percent, maintains the percentage of employment visas for certain special immigrants to 10 percent and maintains visas for those who foster employment creation to 10 percent.
The Bill creates a startup visa for foreign entrepreneurs who seek to emigrate to the United States to startup their own companies. It will raise the base cap of H-1B visas from 65,000 to 110,000 (we amend the current 20,000 exemption for U.S. advanced degree holders to be a 25,000 exemption for advanced degree graduates in science, technology, engineering, and mathematics from U.S. Schools). In future years, the H-1B cap can go as high as 180,000.
Creation of Guest Worker Programme: The Bill will create a new nonimmigrant classification known as the W-Visa. The W visa holder is an alien having a foreign residence who will come to the US to perform services or labour for a registered employer in a registered position. The spouse and minor children of the W visa holder will be allowed to accompany or follow to join and will be given work authorization for the same period of admission the W nonimmigrant is allowed to be here.
The spouse and minor children of the W visa holder may be admitted to the US for the same period and will be given work authorization. The W nonimmigrant will apply to the Secretary of State at a US embassy or consulate in a foreign country to be a certified alien.
To be eligible, he or she cannot be inadmissible, has to pass a criminal background check, agree to accept only registered positions in the US and meet any other criteria as established by the Secretary.
He or she shall report to his or her initial employment no later than 14 days after first admitted to the US. A certified alien may be granted W nonimmigrant status for an initial period of three years and may renew his or her status for additional three year periods.
He or she may not be unemployed for more than 60 consecutive days and must depart the US if he or she is unable to obtain employment. W-visa holders can travel outside the US and be readmitted to the US but cannot be readmitted for longer than the remaining time left in their original visa.
The Agricultural Job Opportunity, Benefits, and Security Act: The Agricultural Job Opportunity, Benefits, and Security Act (AgJOBS) would allow current undocumented farm workers to obtain legal status through an Agricultural Card Programme.
Undocumented farm workers who have made a substantial prior commitment to agricultural work in the United States.

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ImmigrationTalk…Immigration Bill Introduced by Senate Attorney Gail Seeram (Part 2)

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