3/29/2007

This proposed legislation encompasses reforms in almost all segments of immigration, and as such is a huge document. This plan is based on assumption that different stakeholders and different immigrants have primary interest in only certain type of issues. For the overall outlines, readers are encouraged to read the outlines which have been released by the Congressman Luis Gutierrez, the sponsor of the bill. The bill includes the following Titles:

Title I - Border Enforcement 
Title II - Interior Enforcement

A - Reducing the Number of Illegal Aliens in the U.S.
B - Passport and Visa Security
C - Detention and Removal of Aliens Who Illegally Enter or Remain in the U.S.

Title III - Employment Verification
Title IV - New Worker Program [New H-2C Temporary Guest Worker Program]
Title V - Visa Reforms

A - Backlog Reduction
B - Preservation of Immigration Benefits for Victims of a Major Disaster or Emergency

Title VI - Legalization of Undocumented Individuals

A - Conditional Nonimmigrants
B - DREAM Act of 2007
C - AgJOBS Act of 2007

Two bipartisan leaders of Senator McCain and Senator Kennedy reportedly rifted their partnership. Now, another Senator is about to add confusion to this mess. Senator Durbin of Illinois may introduce within this week a legislation to put a block on the H-1B abuse and restrict the H-1B worker petitions. This move is totally shocking considering the fact that a rosy H-1B reform was just introduced as part of the STRIVE Act of 2007. 

Reportedly, Senator Durbin will propose to make it mandatory that the employers engage in the recruitment of U.S. workers prior to filing a H-1B petition and file sworn statement in the form of attestation that they failed to locate a qualified U.S. worker as part of the H-1B petition. Currently, such attestation is mandated for the so-called H-1B dependent employers only. 

Additionally, the proposal reportedly would mandate the DOL's annual audit of the employers hiring 100 or more employees out of which 15% constitutes H-1B employees. Once such proposal is enacted, there will be substantial changes in the flow of foreign professional workers. At this time, H-1B visas lay a stepping stone for foreign professional workers to land in this country and to apply for permanent residence.