Legislative Overview of the SOLVE Act hr

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kizakka

Registered Users (C)
Another bill has been introduced on 4th may 2004
which provides for Earned Adjustment as follows

Earned Adjustment


Immigrants who have been here for five (5) or more years on date of introduction (May 4, 2004) and can demonstrate 2 years in aggregate of employment (including self-employment) in the U.S. and payment of taxes would be eligible for legalization. The principal applicant's spouse and unmarried children under 21 are also eligible. These applications will be adjudicated outside the caps/numerical limitations on visas


Grounds of inadmissibility related to undocumented status would be waived


Applicants shall undergo criminal background checks and medical examination, and register with the Selective Services. They shall also be able to travel and work with authorization while application is pending


Applicants shall demonstrate an understanding of English and civics, or be pursuing a course of study to achieve such understanding


The Department of Homeland Security (DHS) shall not use the applicant's information for any purpose other than to make a determination on the application, unless they have committed fraud or are a national security threat (confidentiality)


Bill provides for administrative and judicial review for denials of an application


Applicants in the U.S. on the date of introduction (5/4/04) but here less than five years or without the requisite work history shall be eligible (after a thorough background check) for transitional status (TS) of 5 years. Qualifying TS immigrants shall be able to work with authorization and travel abroad. After 2 additional years of work in aggregate, they, too, shall be eligible for adjustment of status


For details see the link
http://www.aila.org/contentViewer.aspx?bc=10,911,5516,5501

one hopes this bill will get passed to become a law
 
do I first have to ditch my legal H-1B status to take adventage of this bill when it becomes law ?
 
Solve Act HR 4262

As per the wordings and details it looks like both legal and illegal status guys will qualify --if they have physically been here for 5 yrs and worked for two years

Once passed into a law,this will also solve the 6yr h1 b issues will be solved

I think more detailed study by some one like Rajiv Khanna will clarify
 
H.r.4262 Solve act

I am giving below the section !01 0f the proposed bill
(It is available in Thomas website)

If you look at the clause 2 section 101 it is clearly says
that legal stay /illegal stay

I have reproduced below and underlined the same



TITLE I--EARNED ADJUSTMENT PROGRAM

SEC. 101. ADJUSTMENT OF STATUS.

(a) Principal Aliens- Notwithstanding any other provision of law, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence an alien who satisfies the following requirements:

(1) Application- The alien shall file an application establishing eligibility for adjustment of status and pay the requisite filing fee under section 115, not later than 2 years after the date of the issuance of final regulations implementing this title.

(2) Continuous physical presence-

(A) In general- The alien shall establish that the alien--

(i) was physically present in the United States, lawfully or unlawfully, for at
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least 5 years preceding the date on which this Act was introduced;
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(ii) on such date, was not legally present in the United States pursuant to any classification set forth in section 101(a)(15) of the Immigration and Nationality Act (with the exception of subparagraph (V) of such section); and

(iii) has not departed from the United States except pursuant to the following parameters:

(I) Single departures of 90 days or less, and multiple departures totaling 180 days or less, will not be considered to interrupt continuous physical presence for purposes of this section.

(II) The burden will be on the alien to demonstrate that all single departures exceeding 90 days, and multiple departures totaling more than 180 days, were due to exceptional circumstances.

(III) Departures pursuant to voluntary departure shall not in themselves be considered to interrupt the period of physical presence.

(B) Construction- A person who has violated any conditions of his visa shall not be considered to be legally present for purposes of subparagraph (A).

(3) Admissible under immigration laws- In establishing admissibility to the United States, the alien shall establish that the alien is not inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), except for any provision of that section that is not applicable or waived under section 102.

(4) Employment in united states-

(A) In general- The alien shall have been employed, including self-employment, lawfully or unlawfully, in the United States, in the aggregate, for at least 2 years of the 5 years immediately preceding the date on which this Act was introduced. For purposes of this section, either 1,800 hours or 260 days shall constitute 2 years of employment. An alien shall not be required to complete such employment requirements with the same employer.

(B) Exception- Subparagraph (A) shall not apply to an individual who is under 21 years of age on the date on which the application was filed under this section. Subparagraph (A) also shall not apply to an individual who has not been employed as a result of pregnancy, or because of primary caretaker responsibilities of a child or other person who requires supervision or is unable to take care of him or herself.

(C) Disability- In determining whether an alien has met the requirements of (A), the Secretary of Homeland Security shall credit the alien with any workdays lost because the alien was unable to work due to injury or disease arising out of and in the course of the alien's employment, if the alien can establish such disabling injury or disease through medical records.

(D) Educational alternative- School attendance by an alien after the age of 18 years of each year of high school, or postsecondary education (at least half-time) shall constitute one year of employment for purposes of this section.

(E) Evidence of employment-

(i) Conclusive documents- For purposes of satisfying the requirement in subparagraph (A), the alien shall submit at least 1 of the following documents for each period of employment, which shall be considered conclusive evidence of such employment:

(I) Records maintained by the Social Security Administration.

(II) Records maintained by an employer, such as pay stubs, time sheets, or employment work verification.

(III) Records maintained by the Internal Revenue Service.

(IV) Records maintained by a labor union, day labor center, or an organization that assists workers in matters related to employment.

(V) Records maintained by any other government agency, such as worker compensation records, disability records, or business licensing records.

(ii) Other documents- Aliens unable to submit a document described in clause (i) shall submit at least 2 other types of reliable documents, including sworn declarations for each period of employment to satisfy the requirement in subparagraph (A). Such documents may include:

(I) Bank records.

(II) Business records.

(III) Affidavits from nonrelatives who have direct knowledge of the applicant's work.

(IV) Remittance records.
 
Earned Access To Legalization Hr 3918

There is another bill on the same subject hr 3918 has been introduced

This specifically covers all legal/illegal who have been present for 5 yrs
The relevant portions are listed below

HR 3918

TITLE II--EARNED ACCESS TO LEGALIZATION

SEC. 201. ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION.

(a) In General- Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:

`ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION

`SEC. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--

`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;

`(2) has at all times been a person of good moral character;

`(3) has never been convicted of a criminal offense in the United States;

`(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;

`(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and

`(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.

`(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.

`(c) Admissible as Immigrant-

`(1) In general- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).

`(2) Exceptions- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.

`(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.

`(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.

`(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.

(b) Clerical Amendment- The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 245A the following:

`245B. Adjustment of status on the basis of earned access to legalization.'.
 
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