Right Around the Corner...

Over the next coming months, there will be much discussion about the possibility of Immigraton Reform.  To me, out of everything the 113th congress is facing, it might be the least controversial.  I'm sure you would agree, that's saying something.

Immigration Reform will not happen without compromise. Real compromise.  It seems that this is an impossible feat.  Here are some ways we can to work toward compromise:

• Understand that yes, legal immigration is at the upmost importance to our national security
• Amnesty is not the complete solution to problem
• Building a fence will not keep immigrants from finding a way to the U.S.
• Understand that immigrants bring a diversified skill-set needed in our country (STEM Fields)
• Pathways to legal immigration can be opened, but must follow fair and standardized policies
• An increase in number to legal immigration limits can bring in more revenue, taxes, and boost our economy

Need a a more specific explanation of what CIR could do?  Here are some thoughts from NAFSA:

Nonimmigrant Reforms

• Eliminate nonimmigrant intent for foreign students (F) by extending dual intent to include them.
• Expand employment options for foreign students (F-1) and exchange visitors (J-1) both during the school year and during breaks.
• Allow short term study on tourist (B) visa.
• Expand opportunities to study for the spouses and children (F-2) of foreign students.
• Provide work authorization for spouses of H-1Bs and foreign students.
• Restore to the Secretary of State the authority to waive personal appearances by visa applicants.
• Restore visa renewal in the United States for the following nonimmigrants: E, H, I, L, O, and P.
• Launch a Frequent Traveler Program for international students, researchers, scholars, and business people.

Green Card Reforms

• Develop a viable package for green card relief including some or all of the following provisions:
• Increase the number of green cards available annually.
• Recapture unused employment-based green cards from prior fiscal years to help eliminate the backlog.
• Stop counting spouses and minor children against the employment-based green card cap. More than half of all employment-based green cards go to the spouses and children of workers.  
• Exempt international student graduates with a direct path to green card status, outstanding researchers, and professors from the limit on the number of employment-based green card that may be issued annually.   
• Eliminate annual per country limits with a possible phase-in period.
• Increase green cards for specific priority levels.
• Provide relief through the DREAM Act to children raised in the United States who lack immigration status.
• Create a direct path to green card status for foreign students. Including protection from long adjudication timeframes by extending immigration status from when a green card petition is filed until it is adjudicated (as is done for H-1B green card petitioners).
• Allow green card applicants to retain their places in line while waiting for green cards to become available. Vest this place in line, known as a priority date, with the immigrant petitioner not with the employer. This will make it easier for foreign workers to change employers because doing so will not make them move to the back of the green card line.
• Provide age-out protection for children. Immigrants petitioning for a green card may include their spouse and children in the petition. Unfortunately, if there are backlogs or long delayed decisions, children who turn 21 while waiting become ineligible for a green card based on their parent’s petitions. This is called “aging out.”  

Protect Current Law

• Defend the H-1B cap exemption for higher education and research facilities.
• Maintain special handling that allows colleges and universities to petition for green cards for the most qualified applicants for positions that include classroom instruction.

Improving the Management of the Student and Exchange Visitor Program

• Move the Student and Exchange Visitor Program within Department of Homeland Security from the enforcement division of Immigration and Customs Enforcement to the services division of U.S. Citizenship and Immigration Services.

Another agreat resource can be found using the American Immigration Lawyers Association (AILA) InfoNet.  Advocacy materials, memos, cables, and letters from the White House, Publications, Government News, and much more can help to understand the issue.  When reading, ask yourself: Is it Fair? Is it Fact-Based? Does it contribute to a Shared-Future?

Let the changes begin...