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Major provisions of the Senate immigration bill

Summary:A look at major provisions of the Senate immigration bill, which was approved on June 27, 2013 Thursday by 68-32.
Update: 6-28-2013: Full Text of Approved Immigration Bill(1198 pages, H-1B Visa parts start from page 872)




Note from myvisajobs.com editor: Following summary was released by Associated Press on June 27.  It just lists the major provisions of the immigration bill and some might not be up to date. 


For example, the regular annual cap for H-1B visa had been increased to 115,000 by one admentment, the AP summary still used the old figure 110,000.  The summary also did not include some key provisions like removal of county limit on employment green card, work authorization for the spouse of work visa holders, dual-intent for student visa. 


Myvisajobs will release a new summary after reviewing all the admentments passed. 


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A look at major provisions of the Senate immigration bill:


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BORDER SECURITY


—The bill sets out a series of requirements that must be achieved over 10 years before anyone here illegally can obtain a permanent resident green card. These include:


(1) Roughly doubling the number of Border Patrol agents stationed along the U.S.-Mexico border, to at least 38,405.


(2) Completing 700 miles of pedestrian fencing along the border, which would require approximately 350 new miles of fencing.


(3) Installing a host of new security measures and technologies in specified locations along the border, including specific numbers of surveillance towers, camera systems, ground sensors, radiation detectors, mobile surveillance systems, drones, helicopters, airborne radar systems, planes and ships.


(4) Implementing a system for all employers to verify electronically their workers' legal status.


(5) Setting up a new electronic system to track people leaving the nation's airports and seaports.


—The border security improvements are designed to achieve 100 percent surveillance of the border with Mexico and ensure that 90 percent of would-be crossers are caught or turned back.


—If the goals of a 90 percent effectiveness rate and continuous surveillance on the border are not met within five years, a Southern Border Security Commission made up of border-state governors and others would determine how to achieve them.


—Border security spending in the bill totals around $46 billion.


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PATH TO CITIZENSHIP


—The estimated 11 million people living in the U.S. illegally could obtain "registered provisional immigrant status" six months after enactment of the bill as long as:


(1) The Homeland Security Department has developed border security and fencing plans, per the specifications set out in the bill.


(2) They arrived in the U.S. prior to Dec. 31, 2011, and maintained continuous physical presence since then.


(3) They do not have a felony conviction or three or more misdemeanors.


(4) They pay a $500 fine.


—People in provisional legal status could work and travel in the U.S. but would not be eligible for most federal benefits, including health care and welfare.


—The provisional legal status lasts six years and is renewable for another six years for $500.


—People deported for noncriminal reasons can apply to re-enter in provisional status if they have a spouse or child who is a U.S. citizen or permanent resident, or if they had been brought to the U.S. as a child.


—After 10 years in provisional status, immigrants can seek a green card and lawful permanent resident status if they are current on their taxes and pay a $1,000 fine, have maintained continuous physical presence in the U.S., meet work requirements and learn English. Also the border triggers must have been met, and all people waiting to immigrate through the legal system as of the date of enactment of the legislation must have been dealt with.


—People brought to the country as youths would be able to get green cards in five years, and citizenship immediately thereafter.


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HIGH-SKILLED WORKERS


—The cap on the H-1B visa program for high-skilled workers would be immediately raised from 65,000 a year to 110,000 a year, with 25,000 more set aside for people with advanced degrees in science, technology, engineering or math from a U.S. school. The cap could go as high as 180,000 a year depending on demand.


—New protections would crack down on companies that use H-1B visas to train workers in the U.S. only to ship them back overseas.


—Immigrants with certain extraordinary abilities, such as professors, researchers, multinational executives and athletes, would be exempted from existing green-card limits. So would graduates of U.S. universities with job offers and degrees in science, technology, engineering or math.


—A startup visa would be made available to foreign entrepreneurs seeking to come to the U.S. to start a company.


—A new merit visa, for a maximum of 250,000 people a year, would award points to prospective immigrants based on their education, employment, length of residence in the U.S. and other considerations. Those with the most points would earn the visas.


—The bill would eliminate the government's Diversity Visa Lottery Program, which randomly awards 55,000 visas to immigrants from countries with historically low rates of immigration to the United States, so that more visas can be awarded for employment and merit ties.


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LOW-SKILLED WORKERS


—A new W visa would allow up to 200,000 low-skilled workers a year into the country for jobs in construction, long-term care, hospitality and other industries.


—A new agriculture worker visa program would be established to replace the existing program. Agriculture workers already here illegally, who've worked in the industry at least two years, could qualify in another five years for green cards if they stay in the industry.


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FAMILY IMMIGRATION


—Under current law, U.S. citizens can sponsor spouses, children and siblings to come to the U.S., with limits on some categories. The bill would bar citizens from sponsoring their siblings and would allow them to sponsor married sons and daughters only if those children are under age 31.


—Legal permanent residents can currently sponsor spouses and children, but the numbers are limited. The bill eliminates that limit.


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EMPLOYMENT VERIFICATION


—Within four years, all employers must implement E-Verify, a program to verify electronically their workers' legal status. As part of that, noncitizens would be required to show photo ID that must match with a photo in the E-Verify system.

Tags:
Senate, Immigration Reform