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Immigration Legislation

Immigration Legislation. Summary of failed Senate Bill 1639 Dotty Horton University of North Texas dotty@unt.edu July 9, 2007. Senate Bill 1639. Section 418 Student Visas 24 months of OPT within 26 mo of completion of all coursework, or during vacations, or PT during school enrollment

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Immigration Legislation

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  1. Immigration Legislation Summary of failed Senate Bill 1639 Dotty Horton University of North Texas dotty@unt.edu July 9, 2007

  2. Senate Bill 1639 • Section 418 Student Visas • 24 months of OPT within 26 mo of completion of all coursework, or during vacations, or PT during school enrollment • Off campus work in unrelated field • FT student in good standing • 20 hrs per wk; up to 40 hrs during vacation • Employer must provide DOL and school with proof: Recruited US workers for 21 days Paying higher of prevailing wage or wage his other workers get

  3. Section 418 cont. • Creates an F-4 visa for advanced degree students in math, engineering, technology, and sciences • Gives them dual intent • Removes dual intent for H-1B’s and L-1’s

  4. Sections 419 and 420 • H-1B’s • Raised cap to 115,00 to go up to 180,00 in subsequent years • Require a minimum of Bachelor’s degree or equivalent • Can only employ up to 50% H1B’s

  5. Sections 501and 502 Green Card Reform • Sets limits to close out present permanent resident system • Changes employment based system to a merit based system • 100 points possible

  6. Section 502 • Employment – max 47 points • 20 points – US specialty occupation employment • 16 points- US high demand occupation employment • 8 points – US STEM or health field for 1 yr. • 6 points – US employer willing to pay ½ application fee • Up to 10 points: US work experience, 2 pts/yr • 3 points – age 25-39

  7. Section 502 cont. • Education – max 28 points • 20 points - Advanced graduate degree • 16 points – Bachelor’s • 10 points – Associate’s • 6 points – High School/GED • 5 points – Certified Vocational • 8 points – DOL registered apprenticeship • 8 points – Associate’s or above in STEM

  8. Section 502 cont. • English/Civics – 15 points max • 15 points – native English, or 75 and above on TOEFL • 10 points – 60-75 TOEFL • 6 points – pass USCIS Citizenship test in English

  9. Section 502 cont. • Extended family – if 55 total above, up to 10 points: • 8 points – if an adult child of a US citizen • 6 points – if an adult child of a permanent resident • 4 points – if a sibling of LPR or USC • 2 points – if a visa application was made after 5/1/05

  10. Section 502 cont • Other requirements for Z visa applicants

  11. Section 503 and 505 • Family Based LPR • Eliminates categories 1, 2B, 3, and 4 • Parents of US citizens – 40,000/yr. • 2A – 87,000/yr • Eliminates Diversity Lottery

  12. Section 601 • Z visa for illegal immigrants • In US since 1/1/07 • Are admissible under laws • Are working and will continue work, education or services • Spouses, children, elderly parents also included. Children must be under 18. • Pay fees, which could run up to $9,000 for family of 4

  13. Sections 401-3 • Y Visas • 2 year temporary work visa • 2 yr, 1 year home, 2 years, 1 year home, 2 years. Then must leave US • If dependents, must show 150% of poverty level, plus insurance • If overstay, permanently barred from US • $500 fee, plus $250 for each dependent

  14. Selected Amendments • Requires Z visa holders and dependents to touch back to their home countries. • Bar Z holders from permanent residency • Increase the number of non-immigrant parent visitor visas • Increase the number of points for having family members in US

  15. Amendments cont • Remove Real ID proposal, not require a Real ID-compliant driver’s license to get a job • Expand eligibility for Z – more time in US as undocumented – 4 yrs; English proficiency • Eliminate touchback

  16. Amendments cont. • Raise fees and fines for Z’s. • Make English the official language • Remove cap for H1-B’s with science degrees • Various numbers for H1-B cap • Raise training fee from $1,500 to $5,000. they had asked for $8,500. Universities were not exempted.

  17. Information Sources • www.nafsa.org • www.senate.gov • www.house.gov • www.aila.org • http://thomas.loc.gov/ • http://shusterman.com • http://www.david-ware.com/ • http://www.murthy.com

  18. DHS Private Sector Office • Serves as an advocate for the private sector • To protect economy • To protect way of life • Care about movement of people and goods • Care about movement of educated people • Staff of 15. Four of those are economists.

  19. Private Sector Office cont. • Study of impact of visa policy on DC area schools (all but Howard U.) • Interested in the impact of other countries upon our intl student population. • Would like to be able to construct info on what our intl student population would have looked like if we had not had 9/11 and the aftermath

  20. Interested in the institutional costs of • One time adjustment costs of students • University compliance (annual) • Budgetary costs of new students • Quality of life • Eg F-2 spouses who can not work • Does this cause students to study in other countries

  21. Private Sector Office • Contact: • Marvin Fell • Marvin.fell@dhs.gov

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