Earlier this month, the bipartisan “Border Security, Economic Opportunity, and Immigration Modernization Act of 2013” (S. 744) was introduced in the U.S. Senate.
The 844-page bill proposes sweeping reforms to the country’s immigration laws that would create a number of new visa categories, reduce existing limits on employment visas, and strengthen border security, among other changes.
Who stands to benefit if the current draft legislation is adopted?
1. Asylum seekers:
“Eliminate the one-year filing deadline and authorize asylum officers to grant asylum during credible fear interviews.” (Cozen O’Connor)
2. Lesser-skilled and agricultural workers:
“The Senate legislation creates the ‘W visa’ a new nonimmigrant classification for foreign workers in low-skilled jobs. Beginning in 2015, the annual cap for W visas is 20,000 for the first year and increases to 75,000 by the fourth year. For each year after the fourth year, the annual cap will be calculated according to a statistical formula taking into account various factors.” (Ogletree Deakins)
3. H-1B workers (and their spouses):
“S. 744 will increase the annual cap on new H-1B petitions starting in the 2015 fiscal year from 65,000 to 110,000 and will allow this cap to be increased to a maximum of 180,000 new petitions annually, based on a ‘high skilled jobs demand index.’ The 20,000 cap for holders of advanced degrees from U.S. universities will be replaced with a 25,000 cap for holders of advanced degrees in STEM fields from U.S. universities… Certain H-4 spouses of H-1B nonimmigrants will be granted employment authorization.” (Morgan Lewis)
“The proposal offers up to 10,000 new temporary visas to entrepreneurs who create at least three jobs, raise at least $100,000 from angel investors, venture capitalists or other investment groups, and generate at least $200,000 in revenue.” (Lane Powell)
5. Immigrants from India or China:
“S. 744 proposes to eliminate the per country quota limits on employment-based immigrant (green card) visas. This provision will benefit nationals of India and China who are disproportionately affected by these limits due to the large number of immigrants who come to the United States from these two countries. The bill will also increase from 7% to 15% the per country quota limits for family-based immigrants.” (Morgan Lewis)
Read the updates:
- The Border Security, Economic Opportunity and Immigration Modernization Act of 2013 - Cozen O’Connor
- Immigration Reform 2013—Update - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 - Morgan Lewis
- Senate Releases Sweeping Immigration Reform Bill - Lane Powell PC
- Immigration Law Alert - April 2013 - Dickinson Wright
Find additional updates on Immigration Reform at JD Supra Law News»