I’ve noticed that after the November U.S. elections, I’ve been getting more and more inquiries regarding the status of the proposed amnesty bill or the guest worker program.  I’ve also noticed in the emails I’ve been receiving, the terms “amnesty” and “guest worker” are used as if one follows the other. 

I’m convinced that there is not much understanding with either the program or the bill.  The paragraphs that follow provide a crash course in U.S. Immigration reform.

There have been several attempts at immigration reform, and the most recent one introduced in the U.S. Senate was “The Comprehensive Immigration Reform Act of 2007”, which is said to be a compromise between previous versions that were introduced: The Secure America and Orderly Immigration Act, The Comprehensive Enforcement and Immigration Reform Act 2005, Comprehensive Immigration Reform Act of 2006. 

The unsuccessful attempts to pass these proposals were largely due to pressure from opposing citizens and failure to get the necessary number of votes in the Senate.  The relevant portions are described below.

The “Z” Visa - This visa type would be issued to anyone who was living illegally in the United States on January 1, 2007.  After eight (8) years in this status, the “Z” visa holder would be able to apply for his or her greencard in addition to paying a Two Thousand Dollar ($2,000) fine and back taxes.  And after five years of being a greencard holder, he or she can apply for U.S. citizenship.

Point System – A point-based “merit” system would replace the employer-based immigration system.  This point system is similar to that used by Canada.  Points are awarded based on the level of education, work experience, English ability, family connections, and job offer.  The current labor certification process would be eliminated.

Guest worker program - Under the Guest worker program, a “Y” visa is issued to an illegal worker that enables him or her to stay in the United States for two (2) years,  after which, they would be required to return to their home country.  The principle behind this program is where there is a willing employer, but no American worker found, a willing foreign worker may fill the job. 

However, this program is strikingly similar to already existing programs of petitioning foreign workers the legal way -- the program calls for payment of federally-mandated wages; advertise for a domestic worker for at least three (3) months in high circulation print media without success; certify that hiring a guest worker did not cause a U.S. worker to lose his or her job in the six-month period starting ninety (90) days before the petition was filed.

U.S.-Mexico border – It's not only the nationals of Mexico that try to cross this border into the U.S.  It has been proposed that border patrol agents be increased and that fences approximately 600 kilometers long are added.

Employment Eligibility Verification System - This program calls for a central database that employers could access to verify whether their employees or persons they seek to hire are not illegal or undocumented.

The Reform Act of 2007 never survived.  We have yet to see how successful President-elect Obama will tackle the challenge of reforming, what he calls, a “broken” system. 

Millions are out there hoping that they will see another amnesty bill or favorable comprehensive reform in their lifetime.

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Atty. Mike Templo will be holding a seminar on U.S. Immigration covering a wide variety of topics from applying for your visa to processing petitions, to penalties for violating immigration rules) on Saturday, November 22, 2008 from 2 p.m. to 5 p.m. at the Asian Institute of Management (AIM) Conference Center, Concepcion Room, Makati City. For reservations or more information, you can email at mdt@templolaw.com.

Atty. Michael Templo is an attorney admitted to practice law in New York State and Federal Courts and is a partner at Templo & Templo with offices in New York, USA and Makati City, Philippines.  Atty. Templo specializes in US Immigration matters.  The discussion above is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional.  For your comments and questions, Atty. Templo can be reached at mdt@templolaw.com or log on to www.templolaw.com.