The T-S-E-M bill# Immigration - 落地生根
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The bill eliminates the backlog for family and employment-based immigrants (
see below discussion of merit-based system).
Currently, there are four preference categories based on family
relationships and 480,000 visas are allocated to family. Under the new
system there will be two family preference categories and they will cover
unmarried adult children; married adult children who file before age 31, and
unmarried adult children of lawful permanent residents. We are expanding
the current V visa to allow individuals with an approved family petition to
live in the U.S. and allow certain other family members to visit the U.S.
for up to 60 days per year.
The bill repeals the availability of immigrant visas for siblings
of U.S. citizens once 18 months have elapsed since the date of enactment.
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.
On the employment green card categories, the bill exempts the
following categories from the annual numerical limits on employment-based
immigrants: derivative beneficiaries of employment-based immigrants; aliens
of extraordinary ability in the sciences, arts, education, business or
athletics; outstanding professors and researchers; multinational executives
and managers; doctoral degree holders in any field; and certain physicians..
The bill then allocates 40 percent of the worldwide level of
employment-based visas to : 1) members of the professions holding advanced
degrees or their equivalent whose services are sought in the sciences, arts,
professions, or business by an employer in the United States (including
certain aliens with foreign medical degrees) and 2) aliens who have earned a
master’s degree or higher in a field of science, technology, engineering
or mathematics from an accredited U.S. institution of higher education and
have an offer of employment in a related field and the qualifying degree was
earned in the five years immediately before the petition was filed.
The bill increases the percentage of employment visas for skilled
workers, professionals, and other professionals to 40 percent, maintains the
percentage of employment visas for certain special immigrants to 10 percent
and maintains visas for those who foster employment creation to 10 percent.
The bill creates a startup visa for foreign entrepreneurs who seek
to emigrate to the United States to startup their own companies. AILA
InfoNet Doc. No. 13041603. (Posted 4/16/13)
7
Merit Based Visa: 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.
Under one component of this merit based system the Secretary will
allocate merit-based immigrant visas beginning on October 1, 2014 for
employment-based visas that have been pending for three years, family-based
petitions that were filed prior to enactment and have been pending for five
years, long-term alien workers and other merit based immigrant workers.
Long –term alien workers and
see below discussion of merit-based system).
Currently, there are four preference categories based on family
relationships and 480,000 visas are allocated to family. Under the new
system there will be two family preference categories and they will cover
unmarried adult children; married adult children who file before age 31, and
unmarried adult children of lawful permanent residents. We are expanding
the current V visa to allow individuals with an approved family petition to
live in the U.S. and allow certain other family members to visit the U.S.
for up to 60 days per year.
The bill repeals the availability of immigrant visas for siblings
of U.S. citizens once 18 months have elapsed since the date of enactment.
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.
On the employment green card categories, the bill exempts the
following categories from the annual numerical limits on employment-based
immigrants: derivative beneficiaries of employment-based immigrants; aliens
of extraordinary ability in the sciences, arts, education, business or
athletics; outstanding professors and researchers; multinational executives
and managers; doctoral degree holders in any field; and certain physicians..
The bill then allocates 40 percent of the worldwide level of
employment-based visas to : 1) members of the professions holding advanced
degrees or their equivalent whose services are sought in the sciences, arts,
professions, or business by an employer in the United States (including
certain aliens with foreign medical degrees) and 2) aliens who have earned a
master’s degree or higher in a field of science, technology, engineering
or mathematics from an accredited U.S. institution of higher education and
have an offer of employment in a related field and the qualifying degree was
earned in the five years immediately before the petition was filed.
The bill increases the percentage of employment visas for skilled
workers, professionals, and other professionals to 40 percent, maintains the
percentage of employment visas for certain special immigrants to 10 percent
and maintains visas for those who foster employment creation to 10 percent.
The bill creates a startup visa for foreign entrepreneurs who seek
to emigrate to the United States to startup their own companies. AILA
InfoNet Doc. No. 13041603. (Posted 4/16/13)
7
Merit Based Visa: 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.
Under one component of this merit based system the Secretary will
allocate merit-based immigrant visas beginning on October 1, 2014 for
employment-based visas that have been pending for three years, family-based
petitions that were filed prior to enactment and have been pending for five
years, long-term alien workers and other merit based immigrant workers.
Long –term alien workers and