On April 29, 2010, the Senate majority released a twenty-six page
“framework” upon which they hope to rebuild the current immigration
system. Here are some of the more salient points of the proposal:
Countries with too many Visa Waiver overstays will be held
The Visa Waiver Program (“VWP”) will be evaluated and monitored to
ensure that no country on this program has a high percentage of visa
overstays. Countries whose nationals frequently overstay their visas
will be removed from the VWP until such time as they implement
accountability systems to ensure compliance from their nationals.
Speedy and close-by Filing of Removal Charges
The Department of Homeland Security will be required to file a charging
document with the immigration court closest to the location at which an
alien was apprehended within 48 hours of the alien being taken into
custody by the Department.
Social Security gets Deputized!
The Social Security Administration will begin issuing biometric social
security cards. These cards will be fraud-resistant, tamper-resistant,
wear resistant, and machine-readable social security cards containing a
photograph and an electronically coded micro-processing chip which
possesses a unique biometric identifier for the authorized card-bearer.
The Social Security Administration will be required to verify the
individual’s identity and employment eligibility by asking for
production of acceptable documents to be provided by the individual as
proof of identity and employment eligibility.
Employers hiring workers in the future will be required to use the newly
created Biometric Enrollment, Locally-stored Information, and
Electronic Verification of Employment (BELIEVE) System as a means of
SciTech-friendly Student Visa Policy
Foreign students will be permitted to enter the United States with
immigrant intent if they are a bona fide student so long as they pursue a
full course of study at an institution of higher education in a field
of science, technology, engineering or mathematics.
Employers—the other Right Hand of the Government
Employers using the H-2B program will also be required to conduct
advanced recruiting of U.S. workers prior to hiring an H-2B worker and
will be required to pay higher wages than the current wages paid
Family Immigration: Good News for Legal Residents and their Families
Spouses and children of lawful permanent residents will be classified as
“immediate relatives” to promote the efficient reunification of
Family Immigration: Good News for Domestic Partners
It will eliminate discrimination in the immigration laws by permitting
permanent partners of United States citizens and lawful permanent
residents to obtain lawful permanent resident status.
Into the Light: a Comprehensive Legalization Program for Legal
Streamlined processing, including rapid collection of fingerprints from
applicants leading to prompt issuance of a biometric-enabled credential
to those found eligible for LPI status, will register the physical
presence of those here illegally, record their identities with the U.S.
Government, and ultimately help ensure that those who are qualified are
integrated as accountable, tax-paying members of U.S. society.
Specifically, to be eligible for initial registration for the
legalization program and interim status as an LPI, each individual must:
(1) complete an application supplying basic biographic and biometric
information; (2) pass terrorism, criminal history, and other security
checks; (3) pay all applicable fees, civil penalties, and taxes; and (4)
have been continuously present in the United States since the date of
Out of consideration: Felony Offenders
…will not be eligible for registration if they: (1) have been convicted
of any felony offense under Federal or State law (all offenses
punishable with a term of imprisonment greater than one year.
Irish Investors Welcome
This proposal creates an E-3 visa for nationals of the Republic of
Ireland similar to the visa already provided for nationals of Australia.
Lest the Runway Runs Dry…
It adjusts current immigration law so that fashion models can enter the
United States on an O-visa or a P-visa rather than an H-1B visa.