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Immigration Legislation

Detailed review of Senate Bill 1639 focusing on student visas, employment-based green card reform, Z visas for illegal immigrants, and Y visas for temporary work. Includes amendments and information sources.

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Immigration Legislation

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  1. Immigration Legislation Summary of failed Senate Bill 1639 Dotty Horton University of North Texas dotty@unt.edu July 9, 2007

  2. Senate Bill 1639 • Section 418 Student Visas • 24 months of OPT within 26 mo of completion of all coursework, or during vacations, or PT during school enrollment • Off campus work in unrelated field • FT student in good standing • 20 hrs per wk; up to 40 hrs during vacation • Employer must provide DOL and school with proof: Recruited US workers for 21 days Paying higher of prevailing wage or wage his other workers get

  3. Section 418 cont. • Creates an F-4 visa for advanced degree students in math, engineering, technology, and sciences • Gives them dual intent • Removes dual intent for H-1B’s and L-1’s

  4. Sections 419 and 420 • H-1B’s • Raised cap to 115,00 to go up to 180,00 in subsequent years • Require a minimum of Bachelor’s degree or equivalent • Can only employ up to 50% H1B’s

  5. Sections 501and 502 Green Card Reform • Sets limits to close out present permanent resident system • Changes employment based system to a merit based system • 100 points possible

  6. Section 502 • Employment – max 47 points • 20 points – US specialty occupation employment • 16 points- US high demand occupation employment • 8 points – US STEM or health field for 1 yr. • 6 points – US employer willing to pay ½ application fee • Up to 10 points: US work experience, 2 pts/yr • 3 points – age 25-39

  7. Section 502 cont. • Education – max 28 points • 20 points - Advanced graduate degree • 16 points – Bachelor’s • 10 points – Associate’s • 6 points – High School/GED • 5 points – Certified Vocational • 8 points – DOL registered apprenticeship • 8 points – Associate’s or above in STEM

  8. Section 502 cont. • English/Civics – 15 points max • 15 points – native English, or 75 and above on TOEFL • 10 points – 60-75 TOEFL • 6 points – pass USCIS Citizenship test in English

  9. Section 502 cont. • Extended family – if 55 total above, up to 10 points: • 8 points – if an adult child of a US citizen • 6 points – if an adult child of a permanent resident • 4 points – if a sibling of LPR or USC • 2 points – if a visa application was made after 5/1/05

  10. Section 502 cont • Other requirements for Z visa applicants

  11. Section 503 and 505 • Family Based LPR • Eliminates categories 1, 2B, 3, and 4 • Parents of US citizens – 40,000/yr. • 2A – 87,000/yr • Eliminates Diversity Lottery

  12. Section 601 • Z visa for illegal immigrants • In US since 1/1/07 • Are admissible under laws • Are working and will continue work, education or services • Spouses, children, elderly parents also included. Children must be under 18. • Pay fees, which could run up to $9,000 for family of 4

  13. Sections 401-3 • Y Visas • 2 year temporary work visa • 2 yr, 1 year home, 2 years, 1 year home, 2 years. Then must leave US • If dependents, must show 150% of poverty level, plus insurance • If overstay, permanently barred from US • $500 fee, plus $250 for each dependent

  14. Selected Amendments • Requires Z visa holders and dependents to touch back to their home countries. • Bar Z holders from permanent residency • Increase the number of non-immigrant parent visitor visas • Increase the number of points for having family members in US

  15. Amendments cont • Remove Real ID proposal, not require a Real ID-compliant driver’s license to get a job • Expand eligibility for Z – more time in US as undocumented – 4 yrs; English proficiency • Eliminate touchback

  16. Amendments cont. • Raise fees and fines for Z’s. • Make English the official language • Remove cap for H1-B’s with science degrees • Various numbers for H1-B cap • Raise training fee from $1,500 to $5,000. they had asked for $8,500. Universities were not exempted.

  17. Information Sources • www.nafsa.org • www.senate.gov • www.house.gov • www.aila.org • http://thomas.loc.gov/ • http://shusterman.com • http://www.david-ware.com/ • http://www.murthy.com

  18. DHS Private Sector Office • Serves as an advocate for the private sector • To protect economy • To protect way of life • Care about movement of people and goods • Care about movement of educated people • Staff of 15. Four of those are economists.

  19. Private Sector Office cont. • Study of impact of visa policy on DC area schools (all but Howard U.) • Interested in the impact of other countries upon our intl student population. • Would like to be able to construct info on what our intl student population would have looked like if we had not had 9/11 and the aftermath

  20. Interested in the institutional costs of • One time adjustment costs of students • University compliance (annual) • Budgetary costs of new students • Quality of life • Eg F-2 spouses who can not work • Does this cause students to study in other countries

  21. Private Sector Office • Contact: • Marvin Fell • Marvin.fell@dhs.gov

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