3900 Veterans Memorial Hwy
Suite 120
Bohemia, NY 11716
Tel: 631-588-4040
Fax: 631-588-7175
E-mail: mczwaik@zwaik.com
 
  2753 Coney Island Ave
Brooklyn, NY 11235
Tel: 718-891-0007
Fax: 718-891-1203






**BULLETIN**
SENATORS REACH AGREEMENT ON
COMPREHENSIVE IMMIGRATION REFORM

Senate leaders from both parties reached an agreement with the White House on Thursday that would result in the most sweeping changes in U.S. immigration law in more than 20 years. The proposal still faces a tough fight in the House of Representatives, before it can become law. It would provide legal status for most undocumented immigrants who illegally entered or became illegal in the U.S. before January 1, 2007 and completely revise the rules for obtaining permanent residence.

The proposal would discard the present system -- which awards most green cards to family members -- and replace it with a Canadian style point system, which will favor individuals with higher education, professional job skills, investment funds, and English fluency. The bill would retain the present system of granting green cards to spouses and minor children of U.S. citizens, but sharply curtail other family categories for petitions filed after May 1, 2005.

Employers will be required to electronically verify the legal status of all new employees 18 months after the bill becomes law and will have to have to electronically verify the legal status of their current employees 3 years after the law's enactment.

Among many critical problems with the proposal will be the requirement that an undocumented immigrant prove that he or she has been illegally present in the U.S. since before January 1, 2007. Although this will pave the way for many millions to acquire legal status, it will also raise many related issues. How, for example, can someone who entered illegally prove that they were here before January 1, 2007? And, what of those who entered legally before that date? How can they prove they became illegal before January 1, 2007?

Key provisions of the bill are as follows:

  • Adds increased funding for border security
  • Stiffens laws relating to criminal aliens
  • Within 18 months of enactment, all employers will be required to electronically verify the legal status of new hires
  • Will require all employers to electronically verify the legal status of all current employees
  • Creates a new 4-year renewable "Z" visa for most foreign nationals, who have been illegally present in the U.S. since before January 1, 2007
  • The "Z" visa would require aliens to pay a $5,000 fee and remain currently employed
  • "Z" visa holders can adjust to permanent residence, but would have to return home and be processed at the U.S. consulates abroad
  • Includes the Dream Act which gives legal status -- and eventual green cards -- to individuals under the age of 30, who came into the U.S. as children and graduated from U.S. high schools and/or colleges
  • Current employment-based immigration will be replaced by a point system that gives added weight to education, job skills and English language proficiency
  • Retains the Immediate Relative category for spouses and minor children of U.S. citizens, but sets a 40,000 cap for parents of U.S. citizens
  • Allocates an additional 440,000 visas to eliminate the current family-based backlogs, so that all backlogs will be eliminated within 8 years
  • Any family-based petition filed before May 1, 2005 will benefit from the backlog elimination, but petitions filed after that date will be eliminated in the following family categories:
    • Unmarried sons and daughters of U.S. Citizens
    • Unmarried adult sons and daughters of permanent residents
    • Married sons and daughters of U.S. citizens
    • Brothers and sisters of U.S. citizens
Click here for a more detailed summary of the
Senate comprehensive immigration reform agreement.

If you have any questions on this matter, or need assistance in any way, please contact me at 631-588-4040 or mczwaik@zwaik.com.

Mitchell C Zwaik


Employment-Based
Green Card Visas
Jump Ahead

April 2007

Polls, Polls, Polls
April 2007

USCIS Announces
3rd Track to Access
Immigration Files

March 2007

New Biometrics
Processing For
Conditional
Residents

March 2007

Immigration Filing
Fees To Rise 86%
in June

February 2007

U.S. Dep't of Labor
Seeking Fees for
PERM Applications

February 2007

2008 Diversity Visa
Lottery Registrations

January 2007

USCIS Admits its Systems are Overwhelmed
January 2007

Copyright(c) - Mitchell C. Zwaik & Associates. P.C. 2003, 2004, 2005, 2006, 2007