IMMIGRATION REFORM 2013

1. IMMIGRATION REFORM 2013 • SENATE’S PROPOSED LEGISLATION SPRING 2013 by Ann Marie Dooley, Attorney McKINNEY PERRY COALTER

2. Border Security, Economic Opportunity, and Immigration Modernization Act • Title I - Border Security • Title II - Immigrant Visas • Title III - Interior Enforcement • Title IV - Reforms to Nonimmigrant Visa Programs

3. Border Security (Triggers) • Prior to processing applications for RPI, DHS Secretary must submit Notice of Commencement of implementation of: • Comprehensive Southern Border Strategy • Southern Border Fencing Strategy

4. Border Security (Triggers) • Prior to processing applications for RPIs to adjust status (apply for green cards),DHS Secretary must submit to President and Congress a written certification of: • Comprehensive Southern Border Security Strategy has been submitted to Congress & is substantially deployed & operational; • Southern Border Fencing Strategy has been submitted to Congress, implemented, and substantially completed; • E-verify implemented and used by all employers; • Electronic exit system at air & sea ports of entry to collect visa and passport information

5. IMMIGRANT VISAS • Registered Provisional Immigrant Status (RPI) • The Development, Relief, and Education for Alien Minors (DREAM) Act • Earned Status Adjustment of Agricultural Workers - Blue Card Status • Future Immigration - Family-based, Employment-based, and Merit-based

6. RPI ELIGIBILITY • Physical Presence: Must have been in US on or before December 31, 2011 and remain in US until RPI status granted* • Criminal Bars: Any felony or 3 or more misdemeanors* (other than traffic or state immigration misdemeanors) and unlawful voting • Many of the inadmissibility bars do NOT apply - including 3/10 year unlawful presence bars and permanent bar. Fraud bar does not apply UNLESS fraud occurs after date of enactment. Terrorism/national security bars apply. • Status Bars: Not eligible if applicant in lawful status at time Bill introduced in Senate (April 16, 2013)

7. RPI ELIGIBILITY CONTINUED • DACA Recipients eligible for RPI after renewed security checks • Spouses and children of an RPI may apply for RPI status as Dependents if: • physically present in US on date RPI status granted; • were physically present in US on or before December 31, 2012; • meet all other eligibility requirements other than physical presence on December 31, 2011

8. RPI APPLICATION PROCEDURES • Must submit completed application during the application period and pay filing fee + $1000 penalty • Requires satisfaction of federal tax liabilities before filing • Individuals in removal proceedings or who have final orders are eligible for RPI • Individuals outside the US who were deported or took voluntary departure may be able to apply for RPI if they qualify for a waiver

9. DURATION OF STATUS • RPI valid for 6 years unless revoked • May be extended for additional 6 years if: • Continue to meet requirements • Paid all tax liability • Maintained regular employment and not likely to become public charge*

10. BENEFITS OF RPI STATUS • Can travel outside the US for up to 180 days in a calendar year • Authorized to work in the US • Eligible for Social Security card & drivers license • Eligible to enlist in the military

11. RPI ADJUSTMENT OF STATUS • RPIs are NOT eligible to apply for LPR status until visa backlog eliminated • Must have maintained RPI status and eligibility • Must pay $1000 penalty if over 21 years old on April 16, 2013* • Must have file and paid federal taxes during RPI status • Must have worked or attended school full-time continuously during RPI period • Applicants over 16 must meet English/civics requirement used for naturalization

12. THE DREAM ACT • Eligible to apply for LPR status after 5 years in RPI status • Entered U.S. before age of 16 • Earned high school diploma or GED • Earned degree from college or university or completed 2 years of a bachelor’s program or served 4 years in military (with honorable discharge) • Must pass English/civics test (disability waiver available) • Upon approval, immediately eligible to apply for citizenship

13. ADJUSTMENT OF STATUSPeople already in the “Line” • Spouses and minor children of lawful permanent residents are immediate relatives (i.e. no longer have to wait in line) • Allows derivatives (spouse and children) for immediate relatives • Allows retention of earliest priority date based on any petition filed, regardless of the category of subsequent petitions; • Clears the remaining backlog within 10 years • Recaptures previously unused visas

14. CHANGES IN FAMILYVISA CATEGORIES • Keeps visa categories for unmarried children over 21 of U.S. citizens and lawful permanent residents • Limits visas available for married children of U.S. citizens to those 31 years of age or younger (at time of filing) • Eliminates visa category for brothers and sisters of U.S. citizens • Allows stepchildren to be sponsored if under the age of 21 (changed from 18)

15. NEW MERIT-BASED POINT SYSTEM • Points awarded based on factors such as education, length and type of employment, family members in the U.S., and length of residence in the U.S. • Diversity visa lottery eliminated, but country of origin a factor under merit-based system. • RPIs and Individuals with a pending or approved visa petition in another immigrant category are not eligible to apply under Merit-based Track 1 • Allows recapture of unused visas • adjusts number of visas available based on number of visa applicants in previous year

18. OTHER CHANGES ... • Mandatory Enhanced E-Verify for all employers over a 5 year period (includes security features that will “lock” SS numbers) • Reforms to H-1B program • Creates a W-Visa Program for lower-skilled workers • Agricultural Job Opportunity, Benefits, and Security Act (AgJOBS) - certain farm workers eligible for “Blue Card” status. Eligible to apply for green cards after 5 years in BC status.

19. QUESTIONS???