6/16/2005

The Secure America and Orderly Immigration Act of 2005 was introduced in the U.S. Senate which include the concept of legalization of illegal aliens for temporary employment in the form of a new visa, H-5A and H-5B, and adjustment of status to a lawful permanent resident working in such temporary nonimmigrant workers for four years without the employer sponsorship. The following are the excerpts relevant to the legalization program under this bill.

Essential Worker Visa Program

• • Creates a new temporary visa to allow foreign workers to enter and fill available jobs that require few or no skills (the H-5A visa)
• • Applicants must show that they have a job waiting in the U.S., pay a fee of $500 in addition to application fees, and clear all security, medical, and other checks
• • Requires updating of America's Job Bank to make sure job opportunities are seen first by American workers
• • Initial cap on H-5A visas is set at 400,000, but the annual limit will be gradually adjusted up or down based on demand in subsequent years
• • Visa is valid for three years, and can be renewed one time for a total of 6 years; at the end of the visa period the worker either has to return home or be in the pipeline for a green card
• • Visa is portable, but if the worker loses his job he has to find another one within 60 days or return home
• • Ensures that employers hiring temporary workers abide by Federal, state and local labor, employment and tax laws
• • Prohibits the hiring of temporary workers as independent contractors
• • Protects temporary workers from abuse by foreign labor contractors or employers.
• • Gives temporary workers and U.S. workers remedies for violations of their rights
• • An employer can sponsor the H-5A visa holder for a green card, or after accumulating four years of work in H-5A status, the worker can apply to adjust status on his/her own
• • Sets up a task force to evaluate the H-5A program and recommend improvements.

Adjustment of Status for H-5B Non-Immigrants

• • Undocumented immigrants in the U.S. on date of introduction can register for a temporary visa (H-5B), valid for six years
• • Applicants have to show work history, clean criminal record, and that they are not a security problem to be eligible for a temporary visa
• • They will receive work and travel authorization
• • Their spouses and children are also eligible
• • In order to qualify for permanent status, workers will have to meet a future work requirement, clear additional security/background checks, pay substantial fines and application fees ($2000 or more per adult) as well as back taxes, and meet English/civics requirements

Family Unity and Backlog Reduction

• • Immediate relatives of U.S. citizens are not counted against the 480,000 annual cap on family-sponsored green cards, thereby providing additional visas to the family preference categories
• • The current per-country limit on green cards is raised slightly to clear up backlogs
• • Income requirements for sponsoring a family member for a green card are changed from 125% of the federal poverty guidelines to 100%, and other obstacles are removed to ensure fairness
• • The employment-based categories are revised to provide additional visas for employers who need to hire permanent workers, and the annual cap is raised from 140,000 to 290,000
• Immigrant visas lost due to processing delays are recaptured for future allotments. 

 

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