The Senate bill would make the following improvement in the EB system:
* The numerical cap of EB immigrants would increase from 140,000 to
290,000 annually;
* Spouses and children of principal immigrants would no longer count
against the numerical cap. This important provision would be
retroactive to immigrant visas issued on or after October 1, 2004;
* Unused EB immigrant visas would no longer expire at the end of the
government's fiscal year (September 30). In addition, the bill
would allow unused immigrant visas dating back to 2001 to be
"recaptured" and used now and in the future;
* Per-country limits would be increased from 7% to 10% of the
worldwide numerical cap in order to ease backlogs for highly
skilled workers born in populous countries (India and mainland
China).
The EB preference system would be restructured as follows:
* 1st Preference (from 28.6% to 15% or from 43,500 to 40,000);
* 2nd Preference (from 28.6% to 15% or from 43,500 to 40,000);
* 3rd Preference (from 28.6% to 35% or from 30,000 to 101,500);
* 4th Preference - Immigrant Investors (from 7.1% to 5% or from 10,000
to 14,500);
* 5th Preference - Unskilled workers (from 5,000 to 87,000);
* Special Immigrants - Would still be limited to 10,000 immigrant
visas per year, but would be exempt from the worldwide numerical
cap.
The bill would exempt the following classifications of immigrants from all
numerical caps:
* Persons of extraordinary ability;
* Outstanding professors and researchers;
* Persons with national interest waivers;
* Persons with advanced degrees in science, technology, engineering
and math ("STEM") and three years experience working on a
nonimmigrant visa in the U.S. in a related field. STEM applicants
would qualify for more flexible special handling labor
certification procedures;
* Registered nurses and physical therapists until 2017.
Overall, the committee bill would overhaul the outdated employment-based
preference system, insure that our country has access to the best and the
brightest professionals from around the world, and would provide enough
additional EB visas to eliminate the backlogs which have developed during
the past year.
For those readers desiring additional information on the committee bill, we
link to both the complete text of the bill as amended on March 30 and to a
summary of the bill prepared by the National Immigration Forum from our
"Immigration Legislation" page at
http://shusterman.com/toc-leg.html#6D
Please keep in mind that the committee bill is not final. The Senate is in
the midst of debating the entire 478-page bill. A final vote is expected to
take place within a week.
Then, a Joint Senate-House Conference Committee will meet behind closed doors
in an attempt to reconcile the provisions of the Senate bill with the House's
"enforcement-only" bill, H.R. 4437.
Finally, if both houses of Congress overcome their differences (which mostly
revolve around the guest worker program and how to treat 10-12 million persons
working illegally in the U.S.), a bill will be sent to President Bush for his
expected signature.
We weighed in on the immigration debate on the side of a humane and fair
immigration policy. We spoke with over two dozen reporters during the month
of March, did a segment for CNN and an audio for "Marketplace" which was
featured on NPR. Listen to our commentary of March 27, "Who Get the Blame
on Immigration? We Do" at
http://shusterman.com/toc-audio.html#1
You may also be interested in listening to "Citizenship Means Dollars" by
Tamar Jacoby at
http://marketplace.publicradio.org/shows/2006/03/28/PM200603284.html
and "Hiring immigrants . . . What's an Employer to Do?" by Cicoil CEO Tom
Nogradi at
http://marketplace.publicradio.org/shows/2006/03/29/PM200603294.html
You can follow further developments regarding immigration reform on a day-to-
day basis as the bill winds its way through the legislative process by making
our homepage
http://shusterman.com
one of your favorites.
* The numerical cap of EB immigrants would increase from 140,000 to
290,000 annually;
* Spouses and children of principal immigrants would no longer count
against the numerical cap. This important provision would be
retroactive to immigrant visas issued on or after October 1, 2004;
* Unused EB immigrant visas would no longer expire at the end of the
government's fiscal year (September 30). In addition, the bill
would allow unused immigrant visas dating back to 2001 to be
"recaptured" and used now and in the future;
* Per-country limits would be increased from 7% to 10% of the
worldwide numerical cap in order to ease backlogs for highly
skilled workers born in populous countries (India and mainland
China).
The EB preference system would be restructured as follows:
* 1st Preference (from 28.6% to 15% or from 43,500 to 40,000);
* 2nd Preference (from 28.6% to 15% or from 43,500 to 40,000);
* 3rd Preference (from 28.6% to 35% or from 30,000 to 101,500);
* 4th Preference - Immigrant Investors (from 7.1% to 5% or from 10,000
to 14,500);
* 5th Preference - Unskilled workers (from 5,000 to 87,000);
* Special Immigrants - Would still be limited to 10,000 immigrant
visas per year, but would be exempt from the worldwide numerical
cap.
The bill would exempt the following classifications of immigrants from all
numerical caps:
* Persons of extraordinary ability;
* Outstanding professors and researchers;
* Persons with national interest waivers;
* Persons with advanced degrees in science, technology, engineering
and math ("STEM") and three years experience working on a
nonimmigrant visa in the U.S. in a related field. STEM applicants
would qualify for more flexible special handling labor
certification procedures;
* Registered nurses and physical therapists until 2017.
Overall, the committee bill would overhaul the outdated employment-based
preference system, insure that our country has access to the best and the
brightest professionals from around the world, and would provide enough
additional EB visas to eliminate the backlogs which have developed during
the past year.
For those readers desiring additional information on the committee bill, we
link to both the complete text of the bill as amended on March 30 and to a
summary of the bill prepared by the National Immigration Forum from our
"Immigration Legislation" page at
http://shusterman.com/toc-leg.html#6D
Please keep in mind that the committee bill is not final. The Senate is in
the midst of debating the entire 478-page bill. A final vote is expected to
take place within a week.
Then, a Joint Senate-House Conference Committee will meet behind closed doors
in an attempt to reconcile the provisions of the Senate bill with the House's
"enforcement-only" bill, H.R. 4437.
Finally, if both houses of Congress overcome their differences (which mostly
revolve around the guest worker program and how to treat 10-12 million persons
working illegally in the U.S.), a bill will be sent to President Bush for his
expected signature.
We weighed in on the immigration debate on the side of a humane and fair
immigration policy. We spoke with over two dozen reporters during the month
of March, did a segment for CNN and an audio for "Marketplace" which was
featured on NPR. Listen to our commentary of March 27, "Who Get the Blame
on Immigration? We Do" at
http://shusterman.com/toc-audio.html#1
You may also be interested in listening to "Citizenship Means Dollars" by
Tamar Jacoby at
http://marketplace.publicradio.org/shows/2006/03/28/PM200603284.html
and "Hiring immigrants . . . What's an Employer to Do?" by Cicoil CEO Tom
Nogradi at
http://marketplace.publicradio.org/shows/2006/03/29/PM200603294.html
You can follow further developments regarding immigration reform on a day-to-
day basis as the bill winds its way through the legislative process by making
our homepage
http://shusterman.com
one of your favorites.