Proposed Immigration Bill Outline

[just2deal]

Highlights of the new immigration reform bill(draft) that is likey to be introduced soon:
H-1B Visa Reform

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We will raise the base cap of 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 inscience, technology, engineering, and mathematics from U.S. Schools).

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In future years, the cap can go as high as 180,000. The cap will increase/decrease in thefollowing way:a.It will be based on two factors plugged into one formula known as the “HighSkilled Jobs Demand Index” (with each factor weighed at 50%):i.The percentage by which cap-subject nonimmigrant visa petitionsapproved under section 101(a)(15)(H)(i)( for a fiscal year exceeds/failsto meet the cap (50%)ii.The inverse of the percentage increase/decrease between the previousfiscal year and the current fiscal year in the number of unemployed persons in the “management, professional, and related occupationscategory” of BLS data (50%). b.The most the cap can increase/decrease by each year is 10,000 visas.

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We prevent H-1B workers from undercutting the wages paid to American workers byrequiring employers to pay significantly higher wages for H-1B workers than under currentlaw (and to first advertise the jobs to American workers at this higher wage before hiring anH-1B worker).


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We will provide spouses of H-1B workers with work authorization if the sending country of the worker provides reciprocal treatment to spouses of U.S. workers.

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We will establish a 60-day transition period for H-1B workers to change jobs.

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We will provide dual intent visas for all students who come here on bachelor’s degree programs or above.

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We crack down on abusers of the H-1B system by requiring “H-1B dependent employers” to pay significantly higher wages and fees than normal users of the program.

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If the employer has 50 or more employees, and more than 30% but less than 50% are H-1B or L-1 employees (who do not have a green card petition pending), the employer must pay a $5,000 fee per additional worker in either of these two statuses.

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If the employer has 50 or more employees, and more than 50% are H-1B or L-1employees (who do not have a green card petition pending), the employer must pay a$10,000 fee per additional worker in either of these two statuses.

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We will also crack down on the use of the H-1B and L visas to outsource American jobs by prohibiting companies whose U.S. workforce largely consists of foreign guestworkersfrom obtaining additional H-1B and L visas.

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In Fiscal Year 2014, companies will be banned from bringing in any additional workers if more than 75% of their workers are H-1B or L-1 employees.

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In Fiscal Year 2015, the ban applies to companies if more than 65% of their workforceare H-1B and L-1 workers. In Fiscal Year 2016, the ban moves to 50%

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We require recruiting of American workers prior to hiring an H-1B nonimmigrant. TheSecretary of Labor must establish a searchable website for posting H1B positions. The sitemust be operational and online within 90 days of the passage of the new law. We requireemployers to post a detailed job opening on the Department of Labor's website for at least 30calendar days before hiring an H1B applicant to fill that position.

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We bar employers from recruiting or giving preference to H-1B or OPT workers over American workers.


•We establish significant new authorities and penalties to prevent, detect, and deter fraud andabuse of the H-1B and L-1 visa systems by fraudulent employers

[just2deal]

LEGAL IMMIGRATION (More good News)
On the employment green card categories, the bill exempts the following categories from theannual 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 andmanagers; doctoral degree holders in STEM field; and physicians who have completed theforeign residency requirements or have received a waiver.
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The bill then allocates 40 percent of the worldwide level of employment-based visas to : 1)members of the professions holding advanced degrees or their equivalent whose services aresought in the sciences, arts, professions, or business by an employer in the United States(including certain aliens with foreign medical degrees) and 2) aliens who have earned amaster’s degree or higher in a field of science, technology, engineering or mathematics froman accredited U.S. institution of higher education and have an offer of employment in arelated field and the qualifying degree was earned in the five years immediately before the petition was filed.
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The bill increases the percentage of employment visas for skilled workers, professionals, andother professionals to 40 percent, maintains the percentage of employment visas for certainspecial immigrants to 10 percent and maintains visas for those who foster employmentcreation to 10 percent.
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The bill creates a startup visa for foreign entrepreneurs who seek to emigrate to the UnitedStates to startup their own companies.
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Merit Based Visa:
The merit based visa, created in the fifth year after enactment, awards points to individuals based on their education, employment, length of residence in the US andother considerations. Those individuals with the most points earn the visas. Those whoaccess the merit based pathway to earn their visa are expected to be talented individuals,individuals in our worker programs and individuals with family here. 120,000 visas will beavailable per year based on merit. The number would increase by 5% per year if demandexceeds supply in any year where unemployment is under 8.5%. There will be a maximumcap of 250,000 visas.
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[b]Under one component of this merit based system the Secretary will allocate merit-basedimmigrant visas beginning on October 1, 2014 for employment-based visas that have been pending for three years, family-based petitions that were filed prior to enactment and have been pending for five years, long-term alien workers and other merit based immigrantworkers.[/b]
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Long –term alien workers and other merit based immigrant workers includes those who have been lawfully present in the United States for not less than ten years and who are notadmitted as a W visa under section 101(a)(15)(W) of the Act.
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Between fiscal years 2015 and 2021, the Secretary shall allocate a seventh of the totalnumber of those with employment based visas that have been pending on the date of enactment. Petitions for spouses and children of permanent residents who are accordedstatus under the INA are automatically converted to petitions to accord status as immediaterelatives. Between fiscal years 2015 and 2021, the Secretary shall follow a specific formulato allocate visas to those with family based petitions pending on the date of enactment andsubject to some restrictions visas should be authorized in the order petitions were filed. Infiscal year 2022, the Secretary of State shall allocate visas to half the number of those thatfiled family based petitions after the date of enactment and had not had a visa issued by October 2021. In fiscal year 2023, the visas should be allocated to the other half of those thatfiled family based petitions after the date of enactment and who had not had a visa issued byOctober 2021. Visas allocated for these family based petitions will be issued based on theorder in which petitions were filed.

[Khadgam]

too much stuff to do enact all these...not sure how long they will take...

[pinky123]

[losser]

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[Mustodu_Accountant]

[Mustodu_Accountant]

[quote name='Buchoduu' timestamp='1366152341' post='1303614909']
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[/quote]

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