Builders and Contractors Exchange
Weekly Bulletin: 12 Jul 2004
Comprehensive Immigration Reform Bill Introduced In House and Senate
By: Mara Mijal
A comprehensive immigration reform bill, the SOLVE Act of 2004 (Safe, Orderly Legal Visas and Enforcement Act of 2004) was introduced in the House and Senate on May 4, 2004. The SOLVE Act focuses on a new temporary worker program; family reunification; and earned adjustment for eligible people already living and working in the United States.
The bill focuses on future immigration by reforming the current H-2B progam and creating a new H-1D program. Both programs target workers with low- and semi-skilled positions. 250,000 visas would be available for H-1D workers for a two-year program that is renewable for two additional terms (six years total). 100,000 visas would be available for H-2B workers for a nine-month program renewable for up to 40 months. These programs would also include a path to permanent residency so that an employer could immediately petition for a worker upon initial employment or a worker could self-petition after two years of work. Finally, these programs would not sunset.
The bill also includes a provision for earned adjustment for immigrants who have been in the United States for five or more years on the date of enactment and can demonstrate 24 months in the aggregate of employment (including self-employment) in the United States and payment of taxes. Applicants would undergo criminal background checks and a medical examination, register with the Selective Services, and demonstrate an understanding of English and civics or be pursuing a course of study to achieve such understanding.
Finally, the bill aims to reduce the backlog in family-based immigration by, among other provisions: exempting immediate relatives from counting towards the 480,000 ceiling on family-based immigrant visas and including immediate relatives of permanent residents; allocating a visa outside of the per-country caps to immigrants waiting more than five years; recapturing unused family-based visas in any given year and applying those visas to future years without per-country limitations; reducing the income test for the affidavit of support from 125% to 100% of the poverty level; and repealing the bars to re-entry.
There are currently numerous other bills before Congress that aim to reform current immigration programs, and immigration law is constantly changing. Therefore, it is wise to consult an immigration attorney before employing foreign individuals who seek authorization to work in the United States.
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.