LEGAL IMMIGRATION SUMMARY# EB23 - 劳工卡
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LEGAL IMMIGRATION
The bill eliminates the backlog for family and employment-based visas.
The bill amends the definition of “immediate relative” to include a child
or spouse of an alien
admitted for lawful permanent residence.
The bill amends the existing category for married sons and daughters of
citizens of the United
States to include only sons and daughters who are under 31 years of age.
The bill repeals the Diversity Visa Program. Aliens who were or are selected
for diversity
immigrant visas for fiscal years 2013 or 2014 will be eligible to receive
them.
The bill creates a startup visa for foreign entrepreneurs who seek to
emigrate to the United
States to startup their own companies.
THE NEW MERIT BASED SYSTEM
The merit based visa, created in the fifth year after enactment, awards
points to individuals based
on their education, employment, length of residence in the US and other
considerations. Those
individuals with the most points earn the visas. Those who access the merit
based pathway to earn
their visa are expected to be talented individuals, individuals in our
worker programs and
individuals with family here. 120,000 visas will be available per year based
on merit. The number
would increase by 5% per year if demand exceeds supply in any year where
unemployment is
under 8.5%. There will be a maximum cap of 250,000 visas
TEMPORARY WORK VISAS
H-1B Visa Reform
The base annual cap of 65,000 will be raised to 110,000 In future years, the
cap can go as high
as 180,000.
Create a new nonimmigrant classification known as the W-Visa. The W visa
holder is an alien
having a foreign residence who will come to the US to perform services or
labor for a registered
employer in a registered position. The spouse and minor children of the W
visa holder will be
allowed to accompany or follow to join and will be given work authorization
for the same period of
admission the W nonimmigrant is allowed to be here.
The Agricultural Job Opportunity, Benefits, and Security Act
The Agricultural Job Opportunity, Benefits, and Security Act (AgJOBS) would
allow current
undocumented farm workers to obtain legal status through an Agricultural
Card Program.
Undocumented farm workers who have made a substantial prior commitment to
agricultural work
in the United States would be eligible for an Agricultural Card.
Agricultural workers who fulfill future Agricultural Card work requirements
in U.S. agriculture,
show that they have paid all taxes, have not been convicted of any serious
crime, and pay a $400
fine are eligible to adjust to legal permanent resident status. Spouses and
minor children would
receive derivative status.
A new agricultural guest worker visa program would be established to ensure
an adequate
agricultural workforce. A portable, at-will employment based visa (W-3 visa)
and a contract-based
visa (W-2 visa) would replace the current H-2A program. The H-2A program
would sunset after
the new guest worker visa program is operational
The bill eliminates the backlog for family and employment-based visas.
The bill amends the definition of “immediate relative” to include a child
or spouse of an alien
admitted for lawful permanent residence.
The bill amends the existing category for married sons and daughters of
citizens of the United
States to include only sons and daughters who are under 31 years of age.
The bill repeals the Diversity Visa Program. Aliens who were or are selected
for diversity
immigrant visas for fiscal years 2013 or 2014 will be eligible to receive
them.
The bill creates a startup visa for foreign entrepreneurs who seek to
emigrate to the United
States to startup their own companies.
THE NEW MERIT BASED SYSTEM
The merit based visa, created in the fifth year after enactment, awards
points to individuals based
on their education, employment, length of residence in the US and other
considerations. Those
individuals with the most points earn the visas. Those who access the merit
based pathway to earn
their visa are expected to be talented individuals, individuals in our
worker programs and
individuals with family here. 120,000 visas will be available per year based
on merit. The number
would increase by 5% per year if demand exceeds supply in any year where
unemployment is
under 8.5%. There will be a maximum cap of 250,000 visas
TEMPORARY WORK VISAS
H-1B Visa Reform
The base annual cap of 65,000 will be raised to 110,000 In future years, the
cap can go as high
as 180,000.
Create a new nonimmigrant classification known as the W-Visa. The W visa
holder is an alien
having a foreign residence who will come to the US to perform services or
labor for a registered
employer in a registered position. The spouse and minor children of the W
visa holder will be
allowed to accompany or follow to join and will be given work authorization
for the same period of
admission the W nonimmigrant is allowed to be here.
The Agricultural Job Opportunity, Benefits, and Security Act
The Agricultural Job Opportunity, Benefits, and Security Act (AgJOBS) would
allow current
undocumented farm workers to obtain legal status through an Agricultural
Card Program.
Undocumented farm workers who have made a substantial prior commitment to
agricultural work
in the United States would be eligible for an Agricultural Card.
Agricultural workers who fulfill future Agricultural Card work requirements
in U.S. agriculture,
show that they have paid all taxes, have not been convicted of any serious
crime, and pay a $400
fine are eligible to adjust to legal permanent resident status. Spouses and
minor children would
receive derivative status.
A new agricultural guest worker visa program would be established to ensure
an adequate
agricultural workforce. A portable, at-will employment based visa (W-3 visa)
and a contract-based
visa (W-2 visa) would replace the current H-2A program. The H-2A program
would sunset after
the new guest worker visa program is operational
