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AILA
HOT BILLS
108th CONGRESS
Below is a list of immigration-related bills
introduced during the first session of the 108th Congress
that reflect AILA’s legislative priorities. (The list,
which is updated regularly, is organized by topic, with Senate
bills listed first.) For the status of these bills, or for
more information, please contact the AILA Advocacy Department
(Phone 202-216-2400; Fax 202-783-7853) or visit the Advocacy
Center on InfoNet. To view a complete listing of immigration-related
legislation introduced thus far during the 108th Congress,
visit the “Track Legislation” section in the Advocacy
Center on InfoNet and click on “Immigration-Related
Legislation."
»
Adjustment of Status/Family Unification
» Asylum/Special
Immigrants
» Driver’s
Licenses/ID Documents
» Due Process
and Civil Liberties
» Immigration Reform
» Miscellaneous
» Naturalization
for Noncitizen Soldiers
» Nonimmigrants
» Restrictionist Bills
Adjustment of Status/Family Unification
| The
Development, Relief, and Education for Alien Minors (DREAM)
Act of 2003: Introduced on July 31 by Senators
Orrin Hatch (R-UT) and Richard Durbin (D-IL), S. 1545
would amend the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 to again permit states to determine
residency for in-state tuition purposes. The DREAM Act
also would grant conditional permanent resident status
to young people who came to the U.S. before the age of
16, have good moral character, have lived in the U.S.
at least five years at the time of enactment, and have
graduated from high school. |
| The
Permanent Partners Immigration Act of 2003:
Introduced on July 31 by Senator Patrick Leahy (D-VT),
would provide a mechanism for U.S. citizens and lawful
permanent residents to sponsor their permanent partners
for residence in the United States. Like H.R. 823, below,
S. 1510 defines the term “permanent partner”
to mean an individual 18 years of age or older who: (a)
is in a committed, intimate relationship with another
individual 18 years of age or older in which both parties
intend a lifelong commitment; (b) is financially interdependent
with that other individual; (c) is not married to or in
a permanent partnership with anyone other than that other
individual; (d) is unable to contract with that other
individual a marriage cognizable under the INA; and (e)
is not a first, second, or third degree blood relation
of that other individual. |
| The
Family Reunification Act of 2003:
Introduced on June 24 by Representative Barney
Frank (D-MA), H.R. 2585 would amend the INA to permit
certain long-term permanent residents to seek cancellation
of removal. |
| The
Student Adjustment Act of 2003: Introduced
on April 9 by Representatives Chris Cannon (R-UT), Howard
Berman (D-CA), and Lucille Roybal-Allard (D-CA), H.R.
1684 would amend the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 to permit states to determine
state residency for in-state tuition purposes and would
also provide for the adjustment of status of certain undocumented
college-bound students. |
| The
Central American Security Act: Introduced
on March 17 by Representative Tom Davis (R-VA), H.R. 1300
would amend § 202 of the Nicaraguan Adjustment and
Central American Relief Act (NACARA) to make certain Salvadorans,
Guatemalans, and Hondurans eligible for relief under this
section, and would give those individuals with applications
for relief currently pending under § 203 the option
of having their applications considered as applications
for adjustment under § 202. |
| The
Permanent Partners Immigration Act of 2003:
Introduced on February 13 by Representative Jerrold Nadler
(D-NY) and 107 cosponsors, H.R. 832 would provide a mechanism
for U.S. citizens and lawful permanent residents to sponsor
their permanent partners for residence in the U.S. The
bill defines the term “permanent partner”
to mean an individual 18 years of age or older who: (a)
is in a committed, intimate relationship with another
individual 18 years of age or older in which both parties
intend a lifelong commitment; (b) is financially interdependent
with that other individual; (c) is not married to or in
a permanent partnership with anyone other than that other
individual; (d) is unable to contract with that other
individual a marriage cognizable under the INA; and (e)
is not a first, second, or third degree blood relation
of that other individual. |
| The
Unity, Security, Accountability, and Family (USA Family)
Act: Introduced by Representative Luis Gutierrez
(D-IL) on January 29, H.R. 440 would: provide legal permanent
residence to immigrants who have been living in the U.S.
for 5 years or more; grant conditional legal status and
work authorization to all law-abiding immigrants living
in the U.S. for less than 5 years; repeal the 3- and 10-year
bars to admissibility and the provisions that render aliens
removable from the U.S. for having committed certain minor
nonviolent offenses; and create an improved system of
accountability that allows critical resources and manpower
to be redirected to fight the war on terror. |
Asylum/Special Immigrants
| The
Unaccompanied Alien Child Protection Act of 2003:
Introduced on May 22 by Senator Dianne Feinstein (D-CA),
S. 1129 would build upon the Homeland Security Act, which
transferred the care and custody of unaccompanied alien
children from the former INS to the Department of Health
and Human Services’ Office of Refugee Resettlement
(ORR). Among other things, the bill would: ensure that
unaccompanied alien children have access to counsel; give
ORR with the authority to provide guardians ad litem to
such children; establish minimum standards for the care
and custody of unaccompanied alien minors; and strengthen
policies for permanent protection of unaccompanied alien
children. |
| The
Unaccompanied Alien Child Protection Act of 2003: Introduced
on October 21 by Representative Zoe Lofgren (D-CA), H.R.
3361 would build upon § 462 of the Homeland Security
Act, which transferred the care, custody and placement
of unaccompanied alien children from the Department of
Justice to the Department of Health and Human Service’s
Office of Refugee Resettlement (ORR). H.R. 3361 would
ensure that the transfer of responsibilities from the
DHS to the ORR occurs in an orderly manner, that the children
have access to counsel during immigration proceedings,
and would provide the ORR with the authority to appoint
guardians ad litem where appropriate. The legislation
would also establish minimum standards for the care and
custody of unaccompanied alien children and reform procedures
for abused, abandoned, or neglected children to access
permanent protection when such protection is warranted. |
Driver’s Licenses/ID Documents
| The
Financial Customer Identification Verification Improvement
Act: Introduced on December 8 by Representative
Scott Garrett (R-NJ), H.R. 3674 would amend Title 31 USC
§ 5318 to prohibit the use of identification issued
by foreign governments, other than passports, for purposes
of verifying the identity of a person who opens an account
at a financial institution. |
| Restriction
on Federal Agencies’ Acceptance of Certain Identification
Documents: Introduced on November 6 by Representative
Jeff Flake (R-AZ), H.R. 3461 would bar federal agencies
from accepting for any identification-related purpose
a state-issued driver’s license, or other comparable
identification document, unless the state has in effect
a policy requiring presentation of acceptable forms of
identification prior to issuance of the license or document,
and the state requires the license or document, if issued
to a nonimmigrant alien, to expire upon the expiration
of the alien’s authorized period of stay in the
United States. The legislation requires the Secretary
of Homeland Security to make grants to states to assist
them in complying with the requirements set forth above. |
| The
Responsible and Secure ID Act: Introduced
on October 2 by Representative Duncan Hunter (R-CA), H.R.
3235 would amend 23 USC to withhold highway funds from
states that issue driver’s licenses to undocumented
aliens. The bill would provide for a waiver of this provision
if the Secretary of Homeland Security issues a written
certification that the state’s noncompliance does
not pose a risk to the security of the United States. |
| The
Driver’s License Integrity Act of 2003:
Introduced on March 6 by Representative Eric I. Cantor
(R-VA), H.R. 1121 would limit the period of validity of
driver’s licenses and state identification cards
issued to nonimmigrants to the period of validity of the
applicant’s nonimmigrant visa. |
| The
Identification Integrity Act of 2003: Introduced
on February 11 by Representative Elton Gallegly (R-CA),
H.R. 687 would prohibit the federal government from accepting
any form of identification issued by a foreign government
with the exception of a passport. |
| Restriction
on States’ Acceptance of Certain Identification
Documents: Introduced by Representative Jeff
Flake (R-AZ) on January 29, H.R. 655 would bar federal
agencies from accepting for any identification-related
purpose a state-issued driver’s license, or other
comparable identification document, unless the state requires
such license or comparable document issued to a nonimmigrant
alien to expire upon the expiration of the alien’s
authorized period of stay in the U.S. |
| Prohibition
on Acceptance of Foreign Identification Documents:
Introduced by Representative Tom Tancredo (R-CO) on January
29, H.R. 502 would prohibit the federal government from
accepting any foreign identification document, including
passports, for use in connection with the provision of
federal benefits or services. |
| Joint
Resolution Disapproving Treasury Department Rules on Acceptable
Forms of Identification for Noncitizens :
Introduced on May 22 by Representative Tom Tancredo (R-CO),
H.J. Res. 58 would provide that Congress disapproves of
final rules promulgated by the Treasury Department on
April 30 permitting financial institutions to accept certain
forms of identification from noncitizens. |
Due Process and Civil Liberties
| The
Homeland Security Civil Rights and Civil Liberties Protection
Act of 2004: Introduced on June 17 by Senator
Susan Collins (R-ME), S. 2536 seeks to ensure that the
Department of Homeland Security (DHS) Officer for Civil
Rights and Civil Liberties and the DHS Inspector General
(IG) have a clear statutory mandate and the necessary
authority to effectively protect civil rights and liberties. |
| The
Civil Liberties Restoration Act of 2004:
Introduced on June 16 by Senator Edward Kennedy (D-MA),
S. 2528 would restore civil liberties under the First
Amendment, the Immigration and Nationality Act, and the
Foreign Intelligence Surveillance Act. Representative
Howard Berman (D-CA) introduced companion legislation
in the House (H.R. 4591). |
| The
Fairness in Immigration Litigation Act: Introduced
on May 19, 2004 by Senator Orrin Hatch (R-UT), together
with Senate cosponsors Jon Kyl (R-AZ), John Cornyn (R-TX),
Saxby Chambliss (R-GA), and Jeff Sessions (R-AL), S. 2443
would continue the radical restrictions on due process
for noncitizens first propounded in the 1996 immigration
laws and exacerbated by the 2002 Board of Immigration
Appeals (BIA) “reforms” by, among other things,
proscribing habeas corpus review for immigrants with final
removal orders. Representative James Sensenbrenner (R-WI)
introduced companion legislation in the House (H.R. 4406). |
| The
Bipartisan PATRIOT Oversight Restoration Act:
Introduced on October 1 by Senator Patrick Leahy (D-VT),
together with cosponsors Larry Craig (R-ID), Richard Durbin
(D-IL), John Sununu (R-NH), and Harry Reid (D-NV), S.
1695 would provide greater congressional oversight over
the USA PATRIOT Act by expanding the sunset provision
already enacted in the PATRIOT Act to cover a number of
additional provisions. Specifically, S. 1695 would extend
the PATRIOT Act’s sunset provision to other enhanced
surveillance provisions in title II of the PATRIOT Act,
as well as to a handful of provisions in titles IV, V,
VIII and X. These provisions include sections 411 and
1006, which expand the Government’s authority to
declare certain persons inadmissible to the United States,
and section 412, which grants the Attorney General authority
to “certify” that an alien is engaged in activity
that endangers the national security, and to take such
an alien into custody. |
| The
Civil Liberties Restoration Act of 2004:
Introduced on June 16 by Representative Howard Berman
(D-CA), H.R. 4591 would restore civil liberties under
the First Amendment, the Immigration and Nationality Act,
and the Foreign Intelligence Surveillance Act. Senator
Edward Kennedy (D-MA) introduced companion legislation
in the Senate (S. 2528). |
| The
Fairness in Immigration Litigation Act: Introduced
on May 19, 2004 by Representative James Sensenbrenner
(R-WI), H.R. 4406 would continue the radical restrictions
on due process for noncitizens first propounded in the
1996 immigration laws and exacerbated by the 2002 Board
of Immigration Appeals (BIA) “reforms” by,
among other things, proscribing habeas corpus review for
immigrants with final removal orders. Senator Orrin Hatch
(R-UT) introduced companion legislation in the Senate
(S. 2443). |
| The
Keeping Families Together Act of 2003: Introduced
on October 16 by Representative Bob Filner (D-CA), H.R.
3309 would amend the INA to restore certain provisions
as they were before the enactment of the Illegal Immigration
and Immigrant Responsibility Act of 1996 (IIRAIRA). Among
its changes, the bill would: restore the pre-IIRAIRA definition
of aggravated felony, restore the pre-IIRAIRA detention
policy, repeal the stop time provisions, restore §
212(c), and restore the pre-IIRAIRA judicial review provisions. |
| The
Benjamin Franklin True Patriot Act: Introduced
on September 24 by Representative Dennis Kucinich (D-OH),
H.R. 3171, after noting Congress’s finding that,
“Federal policies adopted since September 11, 2001,
including provisions in the USA PATRIOT Act…and
related executive orders, regulations, and actions threaten
fundamental rights and liberties, including the First,
Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments
to the Constitution….,” includes a list of
provisions from the USA PATRIOT Act, the Aviation Security
Act, and the Homeland Security Act, as well as a list
of provisions from a variety of federal regulations, all
of which would automatically cease to have effect 90 days
after the date of the bill’s enactment. During that
90-day period, Congress may, at the request of the President,
hold hearings to determine whether a particular provision
should be removed from the list of provisions set to “expire”
at the end of the 90-day period. |
| Restoration
of Pre-IIRAIRA Avenues of Relief: Introduced
on February 13 by Representative Ed Pastor (D-AZ), H.R.
836 would amend the INA to restore the avenues for relief
from removal that existed for aliens lawfully admitted
for permanent residence prior to the enactment of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996. |
| The
Restoration of Fairness in Immigration Act:
Introduced on January 7 by Representative John Conyers
(D-MI), H.R. 47 would restore due process by repealing
the retroactivity of the IIRIRA, restore judicial review
and discretion, eliminate mandatory detention, and otherwise
restore fairness and proportionality. |
Immigration Reform
| The
Safe, Orderly Legal Visas and Enforcement (SOLVE) Act
of 2004: Introduced on May 4 by Senator Edward
Kennedy (D-MA), S. 2381 would provide a comprehensive
overhaul of our immigration laws via: an earned adjustment
program; a new “break-the-mold” worker program;
family backlog reduction; and enhanced national security
measures. This is the Senate companion bill to H.R. 4262. |
| The
Temporary Agricultural Work Reform Act of 2004:
Introduced on March 9 by Senator Saxby Chambliss (R-GA),
S. 2185 would reform the process for admitting H-2A temporary
agricultural workers but would make no provision for those
workers who are already here contributing to the economy.
Among other things, the legislation would replace the
current labor certification process with a labor attestation
process, and replace the Adverse Effect Wage Rate with
a prevailing wage. |
| The
Immigration Reform Act of 2004: Strengthening America’s
National Security, Economy, and Families::
Introduced on January 22, 2004, by Senators Chuck Hagel
(R-NE) and Tom Daschle (D-SD), S. 2010 is the only immigration
reform initiative introduced to date that includes all
three components necessary for comprehensive immigration
reform: family reunification through family backlog reduction;
a new temporary worker program; and access to an earned
adjustment for eligible people already living and working
in the U.S. |
| The
Agricultural Job Opportunity, Benefits, and Security (AgJobs)
Act of 2003: Introduced on September 23 by
Senators Larry Craig (R-ID) and Edward Kennedy (D-MA),
S. 1645 would create an earned adjustment program for
undocumented farm workers who would be eligible to apply
for temporary immigration status based on their past work
experience, and could become permanent residents upon
satisfying prospective work requirements. The legislation
would also streamline the existing H-2A foreign agricultural
worker program while preserving and enhancing key labor
protections. Representatives Chris Cannon (R-UT) and Howard
Berman (D-CA) introduced a companion measure in the House
(H.R. 3142). |
| The
Border Security and Immigration Improvement Act of 2003:
Introduced on July 25 by Senator John McCain (R-AZ), S.
1461 would, among other things, establish a program authorizing
undocumented workers who entered and were working in the
U.S. before August 1, 2003, to adjust their status to
a new nonimmigrant visa classification, H-4B. The spouse
and children of an H-4B worker who satisfied all but the
employment requirements would be eligible for derivative
status. In addition to an application fee, individuals
eligible to normalize their status under this program
would be subject to a steep penalty payment ($1,500).
The bill would also create a new temporary worker visa
category (H-4A). The worker’s employer would initiate
the process by filing a petition on the individual’s
behalf. The petition filing fee would be $1,000 for companies
employing more than 500 workers and $500 for companies
with fewer employees. Before hiring an H-4A worker, the
employer would be required to recruit U.S. workers (citizens
and immigrants) exclusively for at least fourteen days
through a computerized “job registry” to be
established by the Department of Labor. Thereafter, the
employer would be obligated to confirm the identity and
employment authorization of a foreign worker through an
electronic employment eligibility confirmation system. |
| The
Border Security and Immigration Reform Act of 2003:
Introduced on July 10 by Senator John Cornyn (R-TX), S.
1387 would authorize the establishment of guest worker
programs on both a seasonal and non-seasonal basis, the
number of participants in which would be adjusted annually
based on changes in U.S. economic conditions. |
| The
Safe, Orderly Legal Visas and Enforcement (SOLVE) Act
of 2004: Introduced on May 4 by Representatives
Luis Gutierrez (D-IL) and Robert Menendez (D-NJ), H.R.
4262 would provide a comprehensive overhaul of our immigration
laws via: an earned adjustment program; a new “break-the-mold”
worker program; family backlog reduction; and enhanced
national security measures. Senator Edward Kennedy (D-MA)
introduced the Senate companion bill (S. 2381). |
| The
Temporary Agricultural Labor Reform Act of 2003:
Introduced on November 21 by Representative Bob Goodlatte
(R-VA), H.R. 3604 would revamp the H-2A temporary agricultural
worker program and would also establish an H-2A Worker
Program Ombudsman within the Office of Agriculture Labor
Affairs, Office of the Chief Economist, U.S. Department
of Agriculture. |
| The
Agricultural Job Opportunity, Benefits, and Security (AgJobs)
Act of 2003: Introduced on September 23 by
Representatives Chris Cannon (R-UT) and Howard Berman
(D-CA), H.R. 3142 would create an earned adjustment program
for undocumented farm workers who would be eligible to
apply for temporary immigration status based on their
past work experience, and could become permanent residents
upon satisfying prospective work requirements. The legislation
would also streamline the existing H-2A foreign agricultural
worker program while preserving and enhancing key labor
protections. Senators Larry Craig (R-ID) and Edward Kennedy
(D-MA) introduced a companion measure in the Senate (S.
1645). |
| The
Border Security and Immigration Improvement Act:
Introduced on July 25 by Arizona Republican Representatives
Jim Kolbe and Jeff Flake, H.R. 2899 would amend the INA
to create two new visa categories, one for foreign workers
now residing outside the U.S. (H-4A) and one for foreign
workers currently residing in the U.S. without authorization
(H-4B). |
Miscellaneous
| Preserving
DV Eligibility in the Face of Processing Delays:
Introduced on February 12 by Senator Saxby Chambliss (R-GA),
S. 2089 would amend INA § 204(a)(1)(I)(ii) to allow
aliens who are eligible for diversity visas to be eligible
beyond the fiscal year in which they applied. In addition
to providing relief for future diversity applicants, the
bill would also authorize qualified diversity applicants
who were denied permanent residence as a result of processing
backlogs during fiscal years 1998 through 2003 to reopen
their cases and continue processing as long as diversity
visas for the fiscal year in which they filed remain available. |
| The
Failure to Depart Act: Introduced on October
1 by Representative Jeff Flake (R-AZ), H.R. 3218 would
amend the INA § 243 to clarify that willful failure
to depart from the United States by an alien against whom
a final order of removal is outstanding is a continuing
criminal offense. |
| The
Colombian Temporary Protected Status Act of 2003:
Introduced on July 24 by Representative James
McGovern (D-MA), H.R. 2853 would designate Colombia under
the temporary protected status (TPS) program. |
Naturalization for Noncitizen Soldiers
The conflict in Iraq has brought to public attention
an important reality: not only do immigrants make critical
contributions to our economy, our culture, and our social
fabric; they also put their lives on the line for this country
by serving in the Armed Forces. Indeed, several of the first
soldiers to die during this conflict were not U.S. citizens,
but legal permanent residents. Approximately 37,000 immigrants
currently serve in the military and more than 5,000 legal
permanent residents have served in Iraq.
Congress has acknowledged these contributions
and sacrifices by including in the National Defense Authorization
Act for FY 2004 significant provisions facilitating the naturalization
of immigrant soldiers and reservists and providing other immigration
benefits. The Act, which authorizes appropriations for the
Department of Defense, was signed into law on
November 24, 2003 (H.R. 1588; Pub. L. No. 108-136).
The immigration provisions that were enacted include: permitting
lawful permanent residents to naturalize after serving one
year in the military during peacetime; authorizing naturalization
interviews and oath ceremonies to be performed abroad at U.S.
embassies, consulates, and overseas military installations;
waiving all naturalization fees; enabling lawful permanent
residents who are members of the Selected Reserves of the
Ready Reserves, to expedite their naturalization in times
of war or hostile military operations; allowing noncitizen
spouses, unmarried children, and parents of citizens and noncitizens
serving in the U.S. military who are killed as a result of
such service to file or preserve already filed applications
for lawful permanent residence; and expediting the process
for granting posthumous citizenship to fallen soldiers.
Recognizing not only the contributions of immigrant
soldiers, but the sacrifices of their families as well, this
law accords these servicemen and women the respect and assistance
they deserve. A number of Senators and Representatives were
instrumental in ensuring that these provisions became law,
including Senators Edward Kennedy (D-MA) and Harry Reid (D-NV)
and Representatives Hilda Solis (D-CA) and Martin Frost (D-TX).
AILA applauds these Members of Congress and their supportive
colleagues for their commitment on this issue.
For information on additional bills introduced
during the first session of the 108th Congress that focused
on naturalization for noncitizens, visit the “Track
Legislation” section in the Advocacy Center on InfoNet
and click on “Immigration-Related Legislation.”
Nonimmigrants
| Improving
Access to Physicians in Underserved Areas:
Introduced on April 7 by Senator Kent Conrad (D-ND), S.
2302 would improve access to physicians in medically underserved
areas by extending the Conrad State 30 Program for a period
of five years and give individual states greater flexibility
in how they implement the program. The bill would also
exempt J-1 waivered physicians from the H-1B visa cap.
S. 2302 is a companion bill to H.R. 4156. |
| The
Summer Operations and Services (SOS) Relief and Reform
Act: Introduced on March 30 by Senator Orrin
Hatch (R-UT), S. 2258 would amend temporarily the INA’s
provisions regarding numerical limitations on H-2B workers.
Specifically, the bill would amend INA § 214(g) to
provide that any alien who has already been counted towards
the H-2B cap within the two years prior to the approval
of a (new) H-2B petition will not again be counted toward
the cap. The bill would also delegate to the Secretary
of Labor any authority to investigate fraud or misrepresentation
on the part of an alien or an employer in connection with
an H-2B visa. The legislation would take effect retroactive
to October 1, 2003 and would expire on October 1, 2004. |
| The
Save the Summer Act of 2004: Introduced on
March 29 by Senator Edward Kennedy (D-MA), S. 2252 would
increase the H-2B cap for fiscal year (FY) 2004 by 40,000
visas and would implement reporting requirements similar
to those mandated for the H-1B program. Representative
William Delahunt (D-MA) introduced companion legislation
in the House (H.R. 4052). |
| The
L-1 Visa (Intracompany Transferee) Reform Act of 2003:
Introduced on September 17 by Senator Saxby Chambliss
(R-GA), S. 1635 would: amend INA § 214(c)(2) to prohibit
an L-1B visa holder from being primarily stationed at
the worksite of another employer in certain cases; reinstate
the one-year work requirement for blanket applicants;
and mandate the collection of L-1 program statistical
data. |
| The
USA Jobs Protection Act of 2003: Introduced
on July 24 by Senator Christopher Dodd (D-CT), S. 1452
would alter substantially the L and H-1B visa programs.
The legislation would require labor attestations that
include lay-off protections for U.S. workers and a prohibition
on the outsourcing of L-1 visa holders. In addition, petitions
for an L-1B visa would require an additional application
stating that the employer had taken good faith steps to
recruit U.S. workers for the position. The proposed legislation
would also increase the work experience requirement with
the foreign employer from one year to two years and would
cut the duration of stay for L visa holders (including
permissible extensions) by two years. (Many of these requirements
were also included in L visa legislation recently introduced
by Representatives John Mica (R-FL) (H.R. 2154) and Rosa
De Lauro (D-CT) (H.R. 2702). With regard to the H-1B visa
program, the bill would treat all H-1B employers as “H-1B
dependant” employers and would attempt to limit
the placement of H-1B workers at third party sites for
six months before or after the lay-off of a U.S. worker. |
| The
Save American Jobs Through L Visa Reform Act of 2004:
Introduced on May 20, 2004 by Representative Henry Hyde
(R-IL), H.R. 4415 would amend the INA to eliminate the
“specialized knowledge” basis for obtaining
nonimmigrant “L” status as an intracompany
transferee. The bill would also cap the number of L visas
issued (or aliens provided L status) at 35,000 per year,
and would remove intracompany transferees from the classes
of aliens not presumed to have immigrant intent. Finally,
H.R. 4415 contains a “Sense of Congress” that
employers of L nonimmigrants should pay such nonimmigrants
wages that are the greater of the actual wage level paid
to similarly situated employees or the prevailing wage
for the occupational classification in the area of employment. |
| The
American Workforce Improvement and Jobs Protection Act:
Introduced on April 2 by Representative Lamar Smith (R-TX),
H.R. 4166 would amend the INA with respect to H-1B and
L nonimmigrants. Specifically, the bill would: (1) exempt
from the H-1B cap aliens who have earned a Masters or
higher degree from a U.S. university (limited to 20,000
annually); (2) make permanent the non-displacement and
recruitment attestations for H-1B-dependent employers,
the $1,000 filing fee for H-1B applications, and the Department
of Labor Investigative authority, all of which sunset
on September 30, 2003; (3) impose a new $500 “fraud
detection and prevention fee” on H-1B and L applications;
and (4) impose several new restrictions on the L visa
category. |
| Improving
Access to Physicians in Underserved Areas:
Introduced on April 2 by Representative Jerry Moran (R-KS),
H.R. 4156 would improve access to physicians in medically
underserved areas by extending the Conrad State 30 Program
for a period of five years and give individual states
greater flexibility in how they implement the program.
The bill would also exempt J-1 waivered physicians from
the H-1B visa cap. H.R. 4156 is a companion bill to S.
2302. |
| The
Save the Summer Act of 2004: Introduced on
March 29 by Representative William Delahunt (D-MA), H.R.
4052 would increase the H-2B cap for fiscal year (FY)
2004 by 40,000 visas and would implement reporting requirements
similar to those mandated for the H-1B program. Senator
Edward Kennedy (D-MA) introduced companion legislation
in the Senate (S. 2252). |
| Temporary
Changes to Numerical Limitations on H-2Bs:
Introduced on March 25 by Representative Bob Goodlatte
(R-VA), H.R. 4041 would amend the Immigration and Nationality
Act to waive, in fiscal year 2004, the numerical limitation
applicable to a nonimmigrant described in section 101(a)(15)(H)(ii)(b),
if the employer petitioning on behalf of the nonimmigrant
employed such a nonimmigrant in fiscal year 2003. |
| The
USA Jobs Protection Act of 2003: Introduced
on July 24 by Representative Nancy Johnson (D-CT), H.R.
2849 would amend the H-1B and L-1 visa programs to increase
the monitoring and enforcement authority of the Secretary
of Labor over such programs. Among other things, the bill
would require L-1 employers to file an attestation with
the Department of Labor, and would make the INA’s
“H-1B-dependent” provisions applicable to
all H-1B employers. |
| The
L-1 Nonimmigrant Reform Act: Introduced on
July 10 by Representative Rosa DeLauro (D-CT), H.R. 2702
would amend the INA by placing restrictive limits on the
L-1 visa, including a 35,000 per year visa cap, DOL attestation
requirements and an abolishment of blanket Ls. |
| Restrictions
on L-1 Intracompany Transferees: Introduced
by Representative John Mica (R-FL), H.R. 2154 would amend
INA § 214(c)(2) to prevent employers from placing
a nonimmigrant intracompany transferee with another employer.Specifically,
prospective L-1 employers would be required to file an
application with the Secretary of Labor stating that the
employer will not place the nonimmigrant with another
employer where: (1) the nonimmigrant performs duties at
a worksite owned, operated, or controlled by such other
employer; and (2) there are indicia of an employment relationship
between the nonimmigrant and such other employer. The
bill would also require employers to make these “applications”
available for public inspection, and the Secretary of
Labor would compile and make available for public inspection
a list of all such applications, classified by employer
and occupation. |
Restrictionist Bills
| The
Homeland Security Enhancement Act of 2003: Introduced
on November 20 by Senator Jeff Sessions (R-AL), S. 1906
would effectively obligate states and localities to enforce
civil immigration laws and would also render all immigration
status violations criminal in nature. The Act also contains
provisions relating to identification documents and driver’s
licenses Specifically, it would: (1) deny funding to states
that issue driver’s licenses to undocumented immigrants;
(2) prohibit the federal government from accepting or
recognizing state-issued driver’s licenses for aliens
unless such licenses expire on the date that immigration
status expires; and (3) prohibit the federal government
from accepting or recognizing any identification document
unless issued by a federal or state authority and subject
to verification by federal law enforcement (i.e. prohibition
on acceptance of consular identification cards issued
by foreign states). |
| The
Border Enforcement and Revolving Employment to Assist
Laborers Act of 2003: Introduced on November
19 by Representative Tom Tancredo (R-CO), H.R. 3534 is
an omnibus restrictionist bill that would, among other
things: suspend the Visa Waiver Program; authorize the
use of the U.S. military to secure the border; increase
the number of border patrol agents, immigration inspectors,
detention and removal officers and BICE special agents;
impose criminal penalties for unlawful presence in the
United States; allow consular officers to require certain
nonimmigrant visa applicants to obtain visa term compliance
bonds as a condition of receiving the visa; set new and
stringent requirements on the acceptance of identification
documentation by government agencies; impose a mandatory
employment eligibility verification system; and do away
with the current H visa scheme and substitute in its place
a new, highly restrictive catch-all “H” category
for both skilled and unskilled workers. |
|
