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October 27, 2007 Jun
17, 2005 Feb
12, 2005 Dec
9, 2004 Nov
16, 2004
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Senate to Review Immigration Reform & H1B1s The Senate Judiciary Committee is scheduled for a comprehensive immigration reform next week, on March 2. 2006. The Senate debate on immigration reform is finally upon us. If you want your voice heard, now is the time. In the spotlight is the TALENT Bill: Keeping America Innovative "Through the Advancement of Legal and Educated New Talent.” The bill is an effort to help fix problems in the employment-based immigration system. To this end, the bill would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
• create a market-based H-1B cap beginning with a base level of 115,000 • revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas Recently, the text of the bill, along with a summary of major provisions, was distributed to key Senators in the hope of finding a champion for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package. The bill makes the following important changes: ! H1B1 Changes - It would exempt U.S. educated workers with advanced degrees from the H1B1 cap. Restore H1B1 visa numbers to the overall cap. Create the ability for unused H1B1s to fall forward to the next year. Establish a new “W” visa for processionals as a first step to permanent residence that permits entry or change of status under the condition that an employer files a labor certification ir immigrant petition within 18 months of initial admission. The bill would extend OPT (optional practical training) for F1 students for up to 24 months. ! Employment-Based Visa Changes: The bill would revise the current worker categories and expand caps. Allow possible recruitment without labor certification and simply allow a statement of attestation or sworn statement. Alternatively, there would be no cap for persons with U.S. advanced degrees, exempt persons with U.S. advanced degrees from labor certification and change the analysis on what “qualifications” are needed for a job. ! Fixes Current Problems: There are number of current problems that are addressed in the bill as well. Such as requiring pre-certification processing system for petitions Enforcing processing times to 30 days and six months. Extends L1 status in one year increments for those caught in the EB backlogs. The bill provides for continued work authorizations and travel upon a timely filing and renewing of a request for an extension. Lastly, the bill permits authorization for spouses of H1B1s to work. Obviously, this bill is not the answer to everyone, but it certainly makes some major improvements to the employment-based system. These changes will largely affect those with H1B1s and advanced degrees. By: Sanjay S. Mathur Attorney at Law Mathur Law Offices, P.C. www.mathurlawoffices.com |
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