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New Senate Bill- DV to be cancelled. This Bill to be voted on next Monday, May 21.

Discussion in 'Lottery Visas - DV' started by mia22, May 18, 2007.

  1. mia22

    mia22 Registered Users (C)

    PLease see below.

    Fact Sheet: Border Security and Immigration Reform
    Thursday May 17, 5:58 pm ET
    Administration And Bipartisan Group Of Senators Reach Bipartisan Agreement On Comprehensive Immigration Reform

    WASHINGTON--(BUSINESS WIRE)--Today, Administration Officials And A Bipartisan Group Of Senators Reached Agreement On Comprehensive Immigration Reform Legislation. The proposal includes:
    Putting Border Security And Enforcement First: Border security and worksite-enforcement benchmarks must be met before other elements of the proposal are implemented.
    Providing Tools For Employers To Verify The Eligibility Of The Workers They Hire: Employers will be required to verify the work eligibility of all employees using an employment eligibility verification system, while all workers will be required to present stronger and more verifiable identification documents. Tough new anti-fraud measures will be implemented and stiff penalties imposed on employers who break the law.
    Creating A Temporary Worker Program: To relieve pressure on the border and provide a lawful way to meet the needs of our economy, the proposal creates a temporary worker program to fill jobs Americans are not doing. To ensure this program is truly "temporary," workers will be limited to three two-year terms, with at least a year spent outside the United States between each term. Temporary workers will be allowed to bring immediate family members only if they have the financial ability to support them and they are covered by health insurance.
    No Amnesty For Illegal Immigrants: Illegal immigrants who come out of the shadows will be given probationary status. Once the border security and enforcement benchmarks are met, they must pass a background check, remain employed, maintain a clean criminal record, pay a $1,000 fine, and receive a counterfeit-proof biometric card to apply for a work visa or "Z visa." Some years later, these Z visa holders will be eligible to apply for a green card, but only after paying an additional $4,000 fine; completing accelerated English requirements; getting in line while the current backlog clears; returning to their home country to file their green card application; and demonstrating merit under the merit-based system.
    Strengthening The Assimilation Of New Immigrants: The proposal declares that English is the language of the United States and calls on the United States Government to preserve and enhance it, as well as enacting accelerated English requirements for many immigrants. In addition, the DHS Office of Citizenship will be expanded to include coordinating assimilation efforts in its mission, and the Education Secretary will make an English instruction program freely available over the Internet.
    Establishing A Merit System For Future Immigration: The proposal establishes a new merit-based system to select future immigrants based on the skills and attributes they will bring to the United States. Under the merit-based system, future immigrants applying for permanent residency in the U.S. will be assigned points for skills, education, and other attributes that further our national interest including: ability to speak English; level of schooling, including added points for training in science, math, and technology; job offer in a specialty or high-demand field; employer endorsement; and family ties to the U.S.
    Ending Chain Migration: The immigration system would be reformed to better balance the importance of family connections with the economic needs of our country by replacing the current system, where nearly two-thirds of green cards are awarded to relatives of U.S. citizens, with a system in which future family immigration will focus on the nuclear family and parents.
    Clearing The Family Backlog In Eight Years: Millions of family members of U.S. citizens now wait years in line for a green card, with some waits estimated at as long as 30 years. Family members who have applied legally and have lawfully waited their turn in line will receive their green card within eight years.
    Putting Border Security And Enforcement First

    Border Security And Worksite Enforcement Benchmarks Must Be Met Before A Temporary Worker Program Is Implemented. These benchmarks include:

    Miles of fence constructed.
    Number of Border Patrol Agents hired.
    "Catch and Return" continues at the border.
    Employment Eligibility Verification System ready to process all new hires.
    The Proposal Establishes New Penalties For Border Crimes And Gives The Border Patrol Additional Tools To Stop Illegal Border Crossings. Through the deployment of additional Border Patrol agents with supporting equipment, the construction of additional fencing and vehicle barriers in targeted areas, and the development of a proper mix of sensors, radar, and cameras, the proposal establishes a true commitment to securing our borders.

    Providing Tools For Employers To Verify The Eligibility Of The Workers They Hire

    Employers Will Be Required To Verify The Work Eligibility Of All Employees, While All Workers Will Be Required To Present Stronger And More Verifiable Identification Documents. Tough new anti-fraud measures will be implemented and stiff penalties imposed on employers who break the law.

    The Employment Eligibility Verification System will allow for real-time verification of employee photos and documents.
    The Department of Homeland Security and the Social Security Administration will be able to share "no-match" information to ensure that illegal immigrants cannot use the Social Security information of Americans to pose as legal workers.
    Employer audits will serve as an additional check on employer compliance with the system.
    Creating A Temporary Worker Program

    To Relieve Pressure On The Border And Provide A Lawful Channel To Meet The Needs Of Our Economy, The Proposal Creates A Temporary Worker Program. The program allows workers to enter the country to fill jobs that Americans are not doing. The temporary worker program:

    Protects American workers by requiring U.S. employers to advertise the job in the United States at a competitive wage before hiring a temporary worker.
    Provides additional labor protections for temporary worker program participants.
    Allows temporary workers to enter the United States to work for three two-year terms, with at least a year spent outside the United States between each term.
    Sets a cap of 400,000 on the temporary worker program, which can be adjusted up or down in the future depending on demand.
    Requires temporary workers who want to bring their immediate family to show that they have the financial means to support them and that they are covered by health insurance.
    Recognizes the unique needs of agriculture by establishing a separate seasonal agriculture component under the temporary worker program.
    No Amnesty For Illegal Immigrants

    Illegal Immigrants Who Come Out Of The Shadows Will Be Given Probationary Status. To maintain their probationary status, they must pass a background check, remain employed, and maintain a clean criminal record.

    Illegal Immigrants Who Fulfill Their Probationary Requirements Can Apply For A Z Card, Which Will Enable Them To Live, Work, And Travel Freely. Z card holders will be required to pay a $1,000 fine, meet accelerated English and civics requirements, remain employed, and renew their visa every four years.

    Z Card Holders Will Have An Opportunity To Apply For A Green Card, But Only After:

    Paying an additional $4,000 fine,
    Applying at the back of the line and waiting until the current backlog is cleared,
    Returning to their home country to file their green card application, and
    Demonstrating merit under the merit-based system.
    Strengthening The Assimilation Of New Immigrants

    The Proposal Declares That English Is The Language Of The United States And Calls On The United States Government To Preserve And Enhance It, As Well As Enacting Accelerated English Requirements For Some Immigrants. The success of our country depends upon helping newcomers assimilate into our society and embrace our common identity as Americans - our shared ideals, an appreciation of our history, and an ability to speak and write the English language. Therefore, the Secretary of Education is directed to make an English instruction program freely available over the Internet. The DHS Office of Citizenship is expanded to include coordinating assimilation efforts in its mission, and additional funding is authorized for the Office.

    Establishing A Merit System For Future Immigration

    The Proposal Establishes A New Merit-Based System To Select Future Immigrants Based On The Skills And Attributes They Will Bring To The United States. A merit system is used by many other countries.

    Under The Merit System, Future Immigrants Applying For Permanent Residency In The United States Will Be Assigned Points For Skills, Education, Employment Background And Other Attributes That Further Our National Interest. These skills include:

    Ability to speak English.
    Level of schooling, including added points for training in science, math, and technology.
    Job offer in a high-demand field.
    Work experience in the United States.
    Employer endorsement.
    Family ties to the United States.
    Ending Chain Migration

    In Place Of The Current System Where Nearly Two-Thirds Of Green Cards Are Awarded To Relatives Of U.S. Citizens, Our Immigration System Will Be Reformed To Better Balance The Importance Of Family Connections With The Economic Needs Of Our Country.

    Visas for parents of U.S. citizens are capped, while green cards for the siblings and adult children of U.S. citizens and green card holders are eliminated.
    A new Parents Visitor visa is created to ensure that parents are allowed to visit their children in the United States regularly and for extended periods of time.
    The Diversity Lottery Program, which grants 50,000 green cards per year through random chance, is ended.These rebalanced green cards are used to clear the Family Backlog in eight years and then applied to the new Merit System for future immigration once the backlog is cleared.
    Clearing The Family Backlog Within Eight Years

    Family Members Who Have Applied Legally, And Lawfully Waited Their Turn In Line, Will Receive Their Green Card Within The Next Eight Years. Today, millions of family members of U.S. citizens wait years in line for a green card, with some waits estimated at as long as 30 years.

    White House Press Office
  2. luboss

    luboss Registered Users (C)

    so DV 2008 is cancelled?
  3. mia22

    mia22 Registered Users (C)

    yes, it is cancelled if this bill is signed into law. chances are very high. we will know in the next week or two.
  4. mafmaf

    mafmaf Registered Users (C)

    Lets wait and see what will happen. 'The program is ended' could mean 'no more DV programs in the future'. it doesn't mean that the program under process (DV-2008) is ended...
  5. immgrat

    immgrat Registered Users (C)

  6. dragoman

    dragoman Registered Users (C)

    here are my comments on the issue regarding DV 2008:

    - DV 2008 winners were selected according to the immigration code which is still in force. So this is the legal enforcement that none [if on the new code not otherwise stated] can remove the applicants from the winning position in case of changing code. Being winner is an acquired right for further processsing under the immigration code which was in force at that time. What NL docs are saying (winning does not mean the wisa will be granted) is related to eligibility and does not dispose of legal enforcement.

    - DV 2008 allotments by the countries were designated and as far as I remember it was officially announced last year. This could be another legal enforcement.

    Do you have any..?

    Last edited by a moderator: May 18, 2007
  7. justastudent

    justastudent Registered Users (C)

  8. mia22

    mia22 Registered Users (C)

    The Bill is not out yet. It will probably be out next week.

    If this bill becomes a law, no DV 2008 green cards will be issued. The program is officially dead starting Oct 2007. I guess, the 2008 winners now need to follow the debate in the US and see what happens.

    Good luck to all.
  9. dragoman

    dragoman Registered Users (C)

    1- Are you a lawyer..?

    2- How can you say 'the program is officially dead starting Oct 2007'? Do you have any concrete argument..?

    3- If the bill is not out yet, where do you know the details that DV 2008 will be cancelled ? :)

  10. mia22

    mia22 Registered Users (C)

    1. No, I am not lawyer.
    2. My argument is that if this comprehensive immigration reform is signed into law, the DV id dead because it is written clearly in the proposal. If the law is signed before Oct 2007, then all in the law is effective from Oct 2007. This is when immigration fiscal year starts. Although there are a few provisions extended the start of the work visas for unskilled labor up to 18 months until the borders are secured.
    3. Please look at the top of this thread: Fact Sheet: Border Security and Immigration Reform. Then in big red letter is says that DV Lottery is cancelled. What else do you need so you would understand that it will be cancelled if this bill is passed?

    Please all note that this bill is very controversial. It is sure to get some amendments before it can become a law. The bill still needs to pass senate and house. However, DV lottery is sure to be eliminated if any immigration reform is signed this year. The republicans want to cancel it and have been trying for years. This time democrats are giving the DV lottery to them as a bargain for some illegal immigration provisions.

    The only hope that DV 2008 will go through is if democrats and republics argue so much on the immigration reform and nothing is passed until Oct 1. After Oct 1, when interviews start, it would probably be too late to cancel. So, for all DV 2008 winners hangs on immigration reform being passed this year.
  11. toomackie

    toomackie Registered Users (C)

    Hi mia22,

    First of all, I appreciate your dedication to inform us the valuable information you find. I am not DV2008 winner, but one of my close friend won it, so I've been worried since I found out the issue. I've been trying to read information regarding the bills they are discussing. Personally, I think it is important for us at least to be aware of the risk we have in case the bill passes. Educating oneself is very important because lack of knowledge might result in serious consequences as we all know from this forum. However, at the same time, it is true that your remarks make everyone so nervous, worried, or even offended. I understand you are also DV2008 winner, and you are one of them who are worried. I read the Fact Sheet, and it is true that they mention that DV program will be cancelled if the bill passes. However, at this point nobody knows for 100% sure that DV2008 process will be cancelled although I am quite aware of the possiblity; the worst case scenario is all DV2008 interview is cancelled. Although there is a possiblity that the bill will be effective in October if it passes, we don't know if it's applicable to DV2008 cases, there may be exception, DV2008 process is going to be cancelled as you assume, or DV2008 winners might be all fine despite our discussion. I don't know. (I already know about the fiscal year stuff, so you don't need to mention it.) People just need some hope although they understand what we have been discussing. So, I'm asking not to assert your estimation unless you are lawyer. I'll just wait and see what happenes next week.

    Senate Floor Schedule: http://www.senate.gov/pagelayout/legislative/d_three_sections_with_teasers/calendars.htm
    Last edited by a moderator: May 18, 2007
  12. Super nova

    Super nova Registered Users (C)


    I think that you should get your facts straight before trying to make persons nervous about this whole situation. You have no idea for sure as to whether DV2008 will be cancelled and thus I think that you SHOULD refrain from making such statements unless and until you have the hard facts to substatiate your 'pronouncement'.

    I am a lawyer by profession however I have no concrete knowledge of US Immigration law and so I would never ever make such bold statements as you have made on this forum. You are not only saying that the DV2008 MAY BE cancelled if the Bill is passed but you went much further to say that it WILL be cancelled. How do you know this ??????????????

    I understand that you are trying to get persons sensitised to the possibility of the cancellation of the program but to go further and speculate as you have I think is irresponsible.

    Super Nova
  13. mia22

    mia22 Registered Users (C)

    Super Nova,

    This is a forum where everyone understands that people share their personal opinions on topics. For legal advise, people go to lawyers. We are all here to share our opinions.

    I did get the facts straight and we all should be nervous. The whole US is nervous over many provisions in the new immigration reform. I think that not facing the reality is wrong. People need information. What I compile for this forum is not pulled out of my head but from official sources.

    I am sure that many people are scared and in disbelief. But the situation is real and the threat imminent. That is why I made an extra effort to provide the official texts or offer links. So people can read on their own if they wish. However, I understand that not all people may comprehend what is going on simply because they do not have much knowledge on the US immigration or legislative process.

    You say that you a lawyer, that I assume that you are familiar with many laws and possess great logic. If a bill says that DV is going to cancelled and then that bill becomes law, is it speculation to say that DV will be cancelled? NO, IT IS NOT. The bill is clear when it says.

    The Diversity Lottery Program, which grants 50,000 green cards per year through random chance, is ended.

    If you as a lawyer do not grasp this, then I am sorry. Please read my opinions and disregard it as trash or use it as s staring point to research on your own. That is your prerogative, but please stop giving me advice. It is rude. Especially since you did not take any time to research this topic
  14. alemitmee

    alemitmee Registered Users (C)

    Yep unfortunately you are right, I don’t think there is any nice way to say what you have said here, no matter how you wrap it up this could be the end of the DV. Its painful to have been sent a NL after 6/7 years of Appling for it on VERY off chance of getting selected, only to have the whole thing threatened. But the bill is not signed in yet, and the senate breaks up for two months in the summer so with a bit of luck they will be arguing about it till well after October 1st!! We will have to just keep the old positive thinking going!!!! :)
  15. JonathanC

    JonathanC Registered Users (C)

  16. toomackie

    toomackie Registered Users (C)

  17. mia22

    mia22 Registered Users (C)


    Thank you finally for a really good comment. We need to deal with the really and PRAY PRAY PRAY that this bill is not signed. Stop wasting energy of getting the documents ready for an interview that will probably never some. That is my point. A power of pray is great. Just pray for fairness and for DV 2008 to proceed.

    God bless all winners and I wish you luck.
  18. Punchy

    Punchy Registered Users (C)

    If you read yahoo news today, it is not certain that the bill would pass. It awiats a very sever debate. Bush also siad that he hopes to sign the bill as a law before the end of this year (it could be Nov or Dec...)... Even if it is enforced to law, legally speaking, it may not affect DV-2008 (I am not a lawyer anyways...)
    Last edited by a moderator: May 21, 2007
  19. alemitmee

    alemitmee Registered Users (C)

    I have to be honest, I personally think that US immigration does need to be reformed, I mean there is something wrong if the only way you can get to go and live and work in a country is through a random lottery or a company sponsored visa. Ireland, Australia and the UK amongst others have good programmes for people that want to go and work and live there for a few years, in a kind of temporary worker visa category. That is something that is seriously lacking in US immigration policies. Like the H visa’s are company linked, so you cant just go to the US on one and move from one job to another, its so restrictive. I have always wanted to go and work in the US for a while, I made sure to go and two J1’s while I was in college, at least a J1 gives you the freedom to work where you want. I never had an interest in going to work in the US undocumented, I just think that kind of existence would be crappy. There are tens of thousands of undocumented Irish over there that cant even get home to see there family’s it a crazy situation. Saying that though I live in Ireland, and Ireland has gone through great economic change, and I am lucky to have access to free education and a buoyant job market, so I am not in a situation where moving to the US is an absolute must for me, But I love the US, It’s a fantastic country and get over there every time I can! And would love to give living there a shot. That said I personally think it would be very unfair for them to pull the DV-2008 at this stage, and I would say that even if I had not gotten a NL, its almost like being teased, like on a game show, “here is what you could have won!!” If they have to kill it they should really do it from 2009 and on, that is the fairest thing to do, that way no one will be disappointed. At least the reforms will allow people to apply for visas in a more conventional manor. Its kind of crazy, I have been keeping an eye on these reforms because it would mean so much to so many undocumented Irish people in the US, and now suddenly I have personal interests in the reforms because of the DV-2008, and I don’t really want the reforms now! Well at least until I have had my shot of a GC! I don’t think that any one can stop the reforms, they will come in, in some shape or another eventually and that they are needed, its just such a shame that the timing of them may screw up the DV-2008. So I can see both sides of the situation, but I am hoping that things will work out, beating the odds and getting a NL was great! So now lets hope the reforms don’t get in the way of the DV-2008 program.
  20. JonathanC

    JonathanC Registered Users (C)

    This web page contains the draft being under development as of May 19, 2007.

    http://www.immigration-law.com/Temporary II.html

    The DV related part is this:

    This would be good news for DV-2008 winners. :)

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