Immigration Legislation

Summary of failed Senate Bill 1639Dotty HortonUniversity of North Texasdotty@unt.eduJuly 9, 2007

Senate Bill 1639

Section 418 Student Visas 24 months of OPT within 26 mo of completion of all

coursework, or during vacations, or PT during school enrollment

Off campus work in unrelated field FT student in good standing 20 hrs per wk; up to 40 hrs during vacation Employer must provide DOL and school with proof:

Recruited US workers for 21 days

Paying higher of prevailing wage or wage his other workers get

Section 418 cont.

Creates an F-4 visa for advanced degree students in math, engineering, technology, and sciences

Gives them dual intent

Removes dual intent for H-1B’s and L-1’s

Sections 419 and 420

H-1B’s Raised cap to 115,00 to go up to 180,00 in subsequent

years Require a minimum of Bachelor’s degree or equivalent Can only employ up to 50% H1B’s

Sections 501and 502 Green Card Reform

Sets limits to close out present permanent resident system

Changes employment based system to a merit based system

100 points possible

Section 502

Employment – max 47 points 20 points – US specialty occupation employment 16 points- US high demand occupation employment 8 points – US STEM or health field for 1 yr. 6 points – US employer willing to pay ½ application fee Up to 10 points: US work experience, 2 pts/yr 3 points – age 25-39

Section 502 cont.

Education – max 28 points 20 points - Advanced graduate degree 16 points – Bachelor’s 10 points – Associate’s 6 points – High School/GED 5 points – Certified Vocational 8 points – DOL registered apprenticeship 8 points – Associate’s or above in STEM

Section 502 cont.

English/Civics – 15 points max 15 points – native English, or 75 and above on TOEFL 10 points – 60-75 TOEFL 6 points – pass USCIS Citizenship test in English

Section 502 cont.

Extended family – if 55 total above, up to 10 points:

8 points – if an adult child of a US citizen 6 points – if an adult child of a permanent resident 4 points – if a sibling of LPR or USC 2 points – if a visa application was made after 5/1/05

Section 502 cont

Other requirements for Z visa applicants

Section 503 and 505

Family Based LPR Eliminates categories 1, 2B, 3, and 4 Parents of US citizens – 40,000/yr. 2A – 87,000/yr

Eliminates Diversity Lottery

Section 601

Z visa for illegal immigrants In US since 1/1/07 Are admissible under laws Are working and will continue work, education or

services Spouses, children, elderly parents also included.

Children must be under 18. Pay fees, which could run up to $9,000 for family of 4

Sections 401-3

Y Visas 2 year temporary work visa 2 yr, 1 year home, 2 years, 1 year home, 2 years. Then

must leave US If dependents, must show 150% of poverty level, plus

insurance If overstay, permanently barred from US $500 fee, plus $250 for each dependent

Selected Amendments

Requires Z visa holders and dependents to touch back to their home countries.

Bar Z holders from permanent residency Increase the number of non-immigrant parent

visitor visas Increase the number of points for having

family members in US

Amendments cont

Remove Real ID proposal, not require a Real ID-compliant driver’s license to get a job

Expand eligibility for Z – more time in US as undocumented – 4 yrs; English proficiency

Eliminate touchback

Amendments cont.

Raise fees and fines for Z’s. Make English the official language Remove cap for H1-B’s with science degrees Various numbers for H1-B cap Raise training fee from $1,500 to $5,000.

they had asked for $8,500. Universities were not exempted.

Information Sources

www.nafsa.org www.senate.gov www.house.gov www.aila.org http://thomas.loc.gov/ http://shusterman.com http://www.david-ware.com/ http://www.murthy.com

DHS Private Sector Office

Serves as an advocate for the private sector To protect economy To protect way of life Care about movement of people and goods Care about movement of educated people

Staff of 15. Four of those are economists.

Private Sector Office cont.

Study of impact of visa policy on DC area schools (all but Howard U.)

Interested in the impact of other countries upon our intl student population.

Would like to be able to construct info on what our intl student population would have looked like if we had not had 9/11 and the aftermath

Interested in the institutional costs of One time adjustment costs of students University compliance (annual) Budgetary costs of new students

Quality of life Eg F-2 spouses who can not work Does this cause students to study in other countries

Private Sector Office

Contact: Marvin Fell Marvin.fell@dhs.gov