A new visa, H-5A and H-5B -- New Bill

G

GOD_BLESS_YOU

Registered Users (C)
Bi-Partisan Comprehensive Immigration Reform Bill Introduced in the Senate

Today, a bill entitled "The Secure America and Orderly Immigration Act of 2005" was introduced in the U.S. Senate which include the concept of legalization of illegal aliens for temporary employment in the form of a new visa, H-5A and H-5B, and adjustment of status to a lawful permanent resident working in such temporary nonimmigrant workers for four years without the employer sponsorship. The following are the excerpts relevant to the legalization program under this bill:
Essential Worker Visa Program
• Creates a new temporary visa to allow foreign workers to enter and fill available jobs that require few or no skills (the H-5A visa)
• Applicants must show that they have a job waiting in the U.S., pay a fee of $500 in addition to application fees, and clear all security, medical, and other checks
• Requires updating of America's Job Bank to make sure job opportunities are seen first by American workers
• Initial cap on H-5A visas is set at 400,000, but the annual limit will be gradually adjusted up or down based on demand in subsequent years
• Visa is valid for three years, and can be renewed one time for a total of 6 years; at the end of the visa period the worker either has to return home or be in the pipeline for a green card
• Visa is portable, but if the worker loses his job he has to find another one within 60 days or return home
• Ensures that employers hiring temporary workers abide by Federal, state and local labor, employment and tax laws
• Prohibits the hiring of temporary workers as independent contractors
• Protects temporary workers from abuse by foreign labor contractors or employers.
• Gives temporary workers and U.S. workers remedies for violations of their rights
• An employer can sponsor the H-5A visa holder for a green card, or after accumulating four years of work in H-5A status, the worker can apply to adjust status on his/her own
• Sets up a task force to evaluate the H-5A program and recommend improvements
Adjustment of Status for H-5B Non-Immigrants
• Undocumented immigrants in the U.S. on date of introduction can register for a temporary visa (H-5B), valid for six years
• Applicants have to show work history, clean criminal record, and that they are not a security problem to be eligible for a temporary visa
• They will receive work and travel authorization
• Their spouses and children are also eligible
• In order to qualify for permanent status, workers will have to meet a future work requirement, clear additional security/background checks, pay substantial fines and application fees ($2000 or more per adult) as well as back taxes, and meet English/civics requirements
Family Unity and Backlog Reduction
• Immediate relatives of U.S. citizens are not counted against the 480,000 annual cap on family-sponsored green cards, thereby providing additional visas to the family preference categories
• The current per-country limit on green cards is raised slightly to clear up backlogs
• Income requirements for sponsoring a family member for a green card are changed from 125% of the federal poverty guidelines to 100%, and other obstacles are removed to ensure fairness
• The employment-based categories are revised to provide additional visas for employers who need to hire permanent workers, and the annual cap is raised from 140,000 to 290,000
Immigrant visas lost due to processing delays are recaptured for future allotments





SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.

(a) EMPLOYMENT-BASED IMMIGRANT VISAS- Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 1182(t)), as amended by section 213, is further amended by adding after paragraph (11) the following:

`(12)(A) Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245.

`(B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available, without regard to any numerical limitation imposed by section 201 or 202, to an alien having nonimmigrant status described in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon the filing of a petition for such a visa by--

`(i) the employer or any collective bargaining agent of the alien; or

`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.

`(C) The spouse or child of an alien granted status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible as a derivative beneficiary for an immigrant visa and adjustment of status.'.

(b) DUAL INTENT- Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by inserting `(H)(ii)(b), (H)(ii)(c),' after `(H)(i),'.
__________________

check the pages 27 of attached
 
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sounds almost too good to be true - I especially like the part where you can file for gc without employer sponsor after being 4 year on H-5 - isn't that what we all needed?
Also great would be the fact that H-5 spouses receive the same. Right now H-4 spouses really get a poor deal and it can ruin theit careers.

Would be nice if at least part of it became law.
 
Yeah... I do not understand the optimism? How on earth is this bill going to help us legal immigrants?

The same old trick again..... screw all legal immigrants and cater to the fence jumpers.
 
I think following things may help legal immigrants like us:
• The employment-based categories are revised to provide additional visas for employers who need to hire permanent workers, and the annual cap is raised from 140,000 to 290,000.
• The current per-country limit on green cards is raised slightly to clear up backlogs.
• Immediate relatives of U.S. citizens are not counted against the 480,000 annual cap on family-sponsored green cards, thereby providing additional visas to the family preference categories.
 
Maybe I misunderstood that this was mainly for illegals - too bad. Can people with BS/MS degree also qualify for this non-skilled or low-skilled category and get its benefits? In the context of H-5A/B, H-1B is a real joke. Why would any skilled person want H-1B after that?
 
gc_2006 said:
Maybe I misunderstood that this was mainly for illegals - too bad. Can people with BS/MS degree also qualify for this non-skilled or low-skilled category and get its benefits? In the context of H-5A/B, H-1B is a real joke. Why would any skilled person want H-1B after that?
Click to expand...
see this part will be applicable to skilled legal residents,,,,

SEC. 214. ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT.

(a) EMPLOYMENT-BASED IMMIGRANT VISAS- Section 212(t) of the Immigration and Nationality Act (8 U.S.C. 1182(t)), as amended by section 213, is further amended by adding after paragraph (11) the following:

`(12)(A) Nonimmigrant aliens admitted or otherwise provided status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245.

`(B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available, without regard to any numerical limitation imposed by section 201 or 202, to an alien having nonimmigrant status described in clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) upon the filing of a petition for such a visa by--

`(i) the employer or any collective bargaining agent of the alien; or

`(ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 3 years.

`(C) The spouse or child of an alien granted status under clause (ii)(b) or (ii)(c) of section 101(a)(15)(H) shall be eligible as a derivative beneficiary for an immigrant visa and adjustment of status.'.

(b) DUAL INTENT- Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by inserting `(H)(ii)(b), (H)(ii)(c),' after `(H)(i),'.
__________________
 
GOD_BLESS_YOU:

I am poor at understanding the law. Please currect me if I am wrong.

GC shall be availabe to without subject to a cap for a non-immigrant visa holder like H1B.

If this ok then legal immigrants who retrogated get befits.
I am right?
 
i dont see why be optimistic....

......"would establish a new essential worker visa program with the following characteristics: • a new temporary (H-5A) visa would allow foreign workers to enter the U.S. AND FILL AVAILABLE JOBS THAT REQUIRE FEW OR NO SKILL;"

:mad:

who cares for H1 slaves and their poor H4 spouses !!!!!!!!!!!!!!!!
 
Inclusion of H1Bs

In the same bill how difficult will it be to include H1Bs for the green card provision. Something like this statement "Skilled workers that come under H or L visas can also adjust their status if they have been present and worked for say atleast 5 years in the United States". I know this is too much of an ask.

But can we not atleast try to contact/write to these senators. If several thousand people write to them, may be it will get noticed.

Your thoughts ?

Senators Sir McCain,Congressmen Sir Luis Gutierrez, Sir Jim Kolbe, Sir Jeff Flake and Senator Sir Ted Kennedy.
 
For example, here's Sen. Kennedy's site:
http://www.senate.gov/~kennedy/index_high.html

There's an email option even with an 'immigration' subject. I am going to write him something tonight.
Note that his Motto says:"Fighting for working Americans".
What about [legally] working immigrant professionals?

I mean, all they need to do is equip the current H-1B with the same rights as this proposed H-5 visa or are they actually discouraging legal immigration that way? Sort of:"If I overstayed my visa next time can I then file for H-5 instead and get better benefits?" What skewed logic that would be.
 
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Email to Senator Kennedy

Guys, here's what I just emailed to Senator Kennedy a couple of minutes ago:

I thought I'd share with you since it might give you some ideas if you are interested in writing him as well. I'll try to see who else to write to now.

****************************

Dear Senator Kennedy,

I just finished reading the bill you are sponsoring on the proposed H-5 visa with great interest. However I am missing something essential: where does it talk about better provisions for legal immigrants?
I am a German citizen and currently in the US on an H-1B visa and have been for more than 5 years now. I have a Master of Science degree in mechanical engineering from a renowned German university. During my time here I have paid the American people approximately $100,000 in taxes, Medicare and social security.
I have started filing for a greencard through my employer recently only to find out what 'surprises' and never-ending legal twists the US immigration system contains for legal immigrants. Can there be any more cumbersome and difficult system in this world?
You are right that the system needs fixing and I am glad you are a prime advocate for the 'working Americans'. Please reach out to those of us who are trying to become working Americans as well and are doing everything to comply with legal requirements and have been ever since we came here.
Our spouses are not allowed to work while on H-4 visas and it jeopardizes their careers, a condition which they are often willing to tolerate to give their families a chance to try to become legal permanent residents.

We would be much more enthusiastic about provisions like the H-5 visa if the present H-1 and H-1B visas would be endowed with the same benefits like being able to petition a greencard without an employer sponsor after extended work periods in the US and the opportunity to allow our spouses to work as well.

Comparing the present H-1B with H-5 is in essence a 'punch to the face' for legal immigrants since the H-5 has so many obvious advantages. Are you really trying to tell the honest, skilled, talented people of the world with integrity that America is not ready to embrace them?

As recently as last week, Mr. Bill Gates and Mr. Craig Barrett – some of the country’s foremost industry leaders - spoke on the matter of legal immigration and pointed out that America's immigration system needs fixing. These visionaries have recognized that the economic progress and standard of living can only be achieved and maintained through qualified and skilled immigrant labor.

Therefore we urge you to add a provision in your bill that gives legal immigrants at least the same rights and immigration benefits as the ones you intend to accord to illegal immigrants.

Yours sincerely,
My name
 
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Excellent

GC_2006,

The format of the letter that you wrote looks excellent.. I will try to draft a letter tomorrow and send to all the names mentioned.

I see there are about 30,000 views on Perm Labor and 45000 views on some other threads. I assume there are atleast 25000 people looking at this thread in a matter of few days. Can we give this thread some kind of prominence.

There has been ~ 350 hits on this thread so far, but only about 10 posts. I wish that people who view this thread atleast take a little inspiration from others and communicate with the senators. May be people who live in the Home state/area of the senators/congressmen can even try to call their offices and fix an appointment to bring our views to them.

I request people that are looking at this thread to atleast copy/paste and send letters to all the senators/congressmen. Please include real names and addresses on your letters as that provides more credibility when they look at our letters.

Thanks a lot.
 
Yes I agree. On Sen, Kennedy's website you have to provide address and name before you can send it - makes sense to me. I also emailed Arnold Schwarzenegger tonight through the official website - he is a big proponent of legal immigration.
 
First draft of my letter -- Include H-1 Visa Holders

Please draft or modify based on your circumstances. Feel free to suggest changes, so that I can incorporate them. I am not sending this until tomorrow to await feedback from any of you.

********************************************************************************************
Dear Honorable Senator,

I would like to thank you profusely on the “Immigration Reform Bill” that you are Sponsoring for the proposed H-5 Visa program. Being a H-1 Visa holder myself, I wanted to bring a few points to your kind notice that can be included as part of this Bill to address existing problems with H-1 visa holders that adversely affect all of us and the economy.

I have been a H-1 visa holder and living in this country for over X years now. I have paid over a 1,00,000 dollars in taxes in addition to social security helping the American economy. There are a few hundred thousand people in H-1 visas like me, who are contributing to this economy by living here and working legally. Even though I started my green card process about 4 years back to obtain permanent residency, because of unconscionable delays at various processing agencies like the Department of Labor, my application is still pending adjudication. It is hard to estimate, but will probably take a few more years to know the results of my case.

During this period our families cannot make major decisions regarding our children, or place of living and how long we would stay in this country. We cannot change jobs during the pendency of our application that gives employers a complete hold on our lives.

Please amend your current bill and provide relief in such a way that non-immigrant visa holders on H-1B visas be accorded legal Permanent resident status (or can adjust to legal permanent resident status on their own, without any company sponsoring them) after 5 years of working in this country. During the pendency of this application, the H-1 visa holders and their spouses should be able to live and work in this country for any employer until the residency process is completed. Naturally this will also include security clearance, background checks and all other admissibility provisions being applied as per current provisions of law.

Because your new bill is identical in many ways to the problems faced by H-1 visa holders I strongly believe that you will include the above provisions in the bill that is being sponsored by you.

If you have any questions I will be glad to talk to you regarding the same. I am giving my address and phone number if your office wants to know more details.

Respectfully,

Address
Home Tel Number
*********************************************************************************************
 
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Your effort is futile

The Senate's move to legalize illegal immigrants is not intended to benefit the working Americans. The untold purpose, I figure, is to compete for Hispanic voters, both now and in the future, because the Hispanic population in the USA is the fastest growing group. Just like the latest 245(i) endorsed by Bill Clinton December 2000, this new bill, if it becomes a law, will benefit primarily Mexicans illegally working in the US.

Who are you H1B workers? A large percentage of you are from Asia. The Asians in US do not propagate fast enough to compete against the Hispanic as a policitical force. Beware that the hispanic will be a dominant political force in US in the coming decades: Pat Buchanan laments dying (white) America.

This sort of amnesty will repeat a few more times in the future and America will welcome, in tens of millions, more low skilled Mexicans. Sooner or later America will degrade to another 3rd world country. Then, where will your grandsons immigrate?

I suppose you guys with great skills shall plan to return and build your home countries in the near future. Your American dreams are doomed, regardless of the outcome of your GC effort. This is not your but Mexicans' place (Greenspan & Co needs more low pay Mexicans to keep CPI low). The Force is not with you!

On the other hand, do not be employee-minded - GC worth nothing. Do you really need a GC to be prosperous? I suppose you have contributed too much social security dollars to the US treasury and most of you will unable to collect a dime from it at retirement. Tell you the truth: the Senate, the White House, etc. really want Working Amerans to serve them! This world, especially US, is set up in a way that people (including the rich) are kept poor enough that they keep working (example: realty tax)!
 
Strive for H-1B amendment -- Good post mummiezed

mummiezed,

Your points are well taken. I really like your insights into why this bill is being mooted. I would like to hear more from you on the political side of it to know more things.

But I have a problem with your personal approach though.

If I had thought a few years before coming to the US in the same way that you mentioned in your post, I would have never even come here. I would have stayed in my home country.

Let me give a small analogy in real life. You post your resume in search of jobs in monster.com or Dice. If you think there will be so many applicants and you won't get the job, you will not even post it. But still you do why ! Because you want to fight for it. That is your life.

Well if hispanics get it. Excellent work by them or their populace. But let us try for it. I have never known someone get favors without struggling for it. It is not always that politicians pander to a section of people. May be they don't see the other side of it, because they may not know.

I don't think too far ahead in life like grand children etc.. With my myopia, I take things as they come and work towards it.
 
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I keep my fingers crossed for you guys

GCBy2010:

The information on US amnesties for illegal aliens are available in public domain. George W. Bush failed attempts for amnesty are reported and commented on www.numbersusa.com/hottopic/245i_latest.html , where you can also notice prominent statesmen against such amnesty.

I think even I myself should try to reach my target with some efforts. But I'll probably abandon the GC afterwards.

My speculation on this new bill is: US needs more soldiers in the coming war against Iran: look at the anxiety of the congress to grant Adjustment of Status to those illegal aliens.

As I indicated, the Force is not with you. When you call your credit card company, you now have to choose from English or Spanish. Do you get to choose from Chinese or German? I predict in 50 years from now, Spanish will be the 2nd official language of US.

But you smart guys may still find a way to accelerate your GC, not by writing to the senators, though. Your Force is within the corporations in the US. Find a way to let the corporate lobbists to influence the Congress. Otherwise legal aliens' "expected" lives may be screwed by illegals, as things have been since last 245(i).

Below is a vivid description of the effect of the Clinton ratified 245(i):

"Flood of Illegal Aliens Exploit Clinton Law
NewsMax.com Wires
Tuesday, May 1, 2001
LOS ANGELES (UPI) - Illegal aliens nationwide are taking advantage of a
last-minute Clinton act aimed at flooding America with illegals - and
bureaucrats are going out of their way to abet the criminals.
The Immigration and Naturalization Service office downtown was to remain
open until the midnight deadline for people to file documents to support
their request for a Section 245 (I) adjustment of status."
...
"Dozens of people from virtually every continent have arrived in the dead of
night for the past several days to wait for the 6 a.m. opening of the
downtown Los Angeles INS office, the busiest immigration office in the
nation."

Among them, there has been one middle-easterner who participated in the 9-11 destruction of the WTC building. Under the newly proposed amnesty bill, the soon-to-be-legalized aliens may help snatch oil from Iran and revv-up America. BTW, you know why SUV is so popular in America? Even illegal Latinos like Ford Excursion, which, despite costing a Latino's one-month salary to fill up, can stealthly pack a dozen illegals.

I keep my finger crossed for all legal aliens on their way to prosperity.
 
H15a

FYI - I just sent this email to Lou Dobbs (CNN), I'm so pissed at all of this!!!

Dear Lou,

I just finished reading a bi-partisan bill on the proposed H-5 visa for ILLEGAL immigrants.

I am currently in the US on an H-1B visa and have been for more than 5 years now. I have a Masters of Engineering degree from MIT.
During my time here I have paid at least $100,000 in taxes, Medicare and social security.

I have started filing for a greencard through my employer only to find out what 'surprises' and never-ending legal twists the US immigration system contains for legal immigrants.
Can there be any more cumbersome and difficult system in this world?

You are right that the system needs fixing and I am glad you are a prime advocate for the 'working Americans'.
Please reach out to those of us who are trying to become working Americans as well and are doing everything to comply with legal requirements and have been ever since we came here.
Our spouses are not allowed to work while on H-4 visas and it jeopardizes their careers, a condition which they are often willing to tolerate to give their families a chance to try to become legal permanent residents.

Amazingly, the H-5 visa lets you apply for a greencard without an employer sponsor after extended work periods in the US (4 years) and the opportunity to allow spouses to work as well.

Comparing the present H-1B with H-5 is in essence a 'punch to the face' for legal immigrants since the H-5 has so many obvious advantages.
Are they really trying to tell the honest, skilled, talented people of the world with integrity that America is not ready to embrace them but ILLEGAL immigrants are to be embraced unconditionally?!

Therefore I urge you to shed the light on this disastrous bill that is hurting both american citizens and legal immigrants,

Yours sincerely,
Name
 
Great job guys.

GC_2006, GCBy2010 , newsgroups You guys did a great job.


mummiezed your views are correct .

The new bill Sounds like
Who ever on H1 or in legal status come go illegal and get more benefits under new H5a and H5b.
Indeed this has more benefits than H1 visa.
even poor H4 dependents can work under new visa.


Thanks
VJ
 
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