[Fredslist] IMMIGRATION NEWS UPDATE- May 21, 2007

[Brian Weiss]

Please see our offices most recent Immigration News Update dated May 21,
2007 below regarding the possibility of immigration reform. Please note that
since we issued our update, the Senate has been continuously debating,
voting and amending many of the proposed provisions and this debate will
likely continue in the immediate future. For continued updates, please feel
free to visit our website at www.ggw.com <http://www.ggw.com/> .

 

Border Security and Immigration Reform Act of 2007

 

Since our office has been inundated with calls and inquiries about the "new
immigration law" we thought it would be helpful to explain the status of the
above-mentioned ACT and some of the changes it may bring.  However, before
we discuss the specific provisions we want to emphasize that as of this
time, there are no changes in our law. We merely have an agreement among
members of the Senate committee as to what changes they think should take
place in our immigration law. There are other provisions that were included
in last year's S2611 that may also be included in the Senate's final bill.
The committee's recommendations must still obtain approval by the full
Senate and the bill being proposed by the Senate must still be approved by
the House of Representatives before it can be presented to the President for
his signature. Of one thing we can be sure, the proposed ACT will be
substantially changed during the next few months as various compromises are
reached. Its final version (if there is a final version to be signed by
President Bush) may not contain some the provisions we'll be discussing
below.  Thus, don't panic and don't get too excited! On the other hand, a
careful monitoring of the proposed legislation and appropriate and timely
actions on your part may put you in a better position if, and when, the
proposed legislation becomes law. The ACT is divided into seven titles.

 

Title I - contains what are called "triggering provisions." With a few
limited exceptions, none of the significant changes which will be brought
about in the later "Titles" will go into effect until these initial steps
are taken. These are primarily border and work enforcement measures.

 

Title II - calls for improved methods of interior enforcement of immigration
laws.

 

Title III - concerns workplace enforcements. Included are:

- establishment of a worksite enforcement system that relies on electronic
employment verification (replaces I-9 system)

- increased penalties for unlawful hiring, employment and recordkeeping
violations.

 

Title IV- establishes a new temporary Y worker program and establishes means
to discourage future illegal employment of undocumented individuals

- must prove US employer could not fill the job

- Y-1 worker must be matched to "willing employers" through an electronic
database

- Y visas are available in two year increments- after 2 years, worker must
depart for one year and can reenter for two more years

- Y-1 worker who fails to timely depart is permanently barred from any
future immigration benefit

- Numerical cap of 400,000 with annual adjustments

- There are also Y-2A and Y-2B visas which are similar but different in
certain respects.

 

Title V- rebalancing of Immigrant Visa Allocation

- fewer family based categories than under our current immigration law

- an annual total of 440,000 visas are allotted to process backlog of the
below listed family-based categories that are eliminated  : F-2B - adult
children of permanent residents F-3 - married children of US citizens F-4 -
siblings of US citizens Parents of US citizens are no longer "immediate
relatives" and subject to a 40,000 cap

 

Title V-Merit based point system to replace family based system

- Elimination of backlog if petition was filed before May 1, 2005 by
processing under prior law

- End of green card lottery

 

Under the merit-based points system, points will be awarded for: Ability to
speak English Level of schooling- extra points for science, math and
technology Job offer in high demand field Work experience in US Employer
endorsement Family ties to the US

 

Title VI- provides a new visa for people living in the US illegally

- creates a new four-year, renewable "Z" visa

- to be eligible, must have been illegally present in US  before January 1,
2007

- to apply for "green card" under new merit-based system, must be currently
employed and pay a $5,000 penalty fee

- can apply for LPR" after the current family backlog under Title V is
eliminated but must:

   a. satisfy merit requirements in points schedule

   b. files application for adjustment in Z-1's country of origin

   c. pays $4,000 penalty

 

- Dream Act- If under 30 and brought to US out of their control as a minor,
can receive green card after three years, rather than 8 years.

 

Title VII- Miscellaneous provisions   

 

We apologize for the summary language and for leaving certain provisions out
because of our interest in providing a readable summary. As things develop,
we will provide detailed analyses with special emphasis on how the changes
will impact our clients and their visa applications. 

 

 

Brian S. Weiss, Esq.

Garganigo, Goldsmith & Weiss

14 Penn Plaza, Suite 1020

New York, New York 10122

Phone: (212) 643-6400 ext. 121

Facsimile: (212) 643-6549

Email: bweiss at ggw.com

www.ggw.com

 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://www.gothamnetworking.com/pipermail/fredslist/attachments/20070525/c920fb88/attachment.html