A bi-partisan group of Senators and two Cabinet secretaries from the Bush Administration announced the terms of a proposed law would largely restructure the shape of immigration law, creating a point system for eligibility for green cards, and reducing the role of family sponsorship.
The law would also provide a method for persons in this country without status to obtain legal status again and ultimately a green card.
Because the proposal has bi-partisan support and the endorsement of the Bush Administration, it is expected to have a good chance at approval by the Congress. The expectation is that a final version of the law will be approved by the end of August.

Legalization Provisions of the Proposed Law

The proposed legalization provisions in the law would apply to all those who were illegally in the U.S. before January, 2007. These persons would be able to apply a special 4-year Z visa: the principal or employed applicant would receive a Z-1 visa; the spouse or elderly parent of that applicant, a Z-2 visa and any minor children of that applicant would receive a Z- 3 visa.
Once applicants submit a completed application, they would receive probationary benefits which give them temporary legal status here. After further background checks are completed and certain benchmarks are met in border enforcement, the applicant would be eligible to receive the four-year visa. The visa could later be renewed for another 4-year term.
To apply, a person seeking Z status must be currently employed and pay various fees and penalties. The bill provides for a one-year long application period.
These presently undocumented immigrants would have a chance to apply for permanent residence, but only after paying a larger fine, proving their English skills and paying back taxes. Applications for permanent residence would have to be filed by the head of household in their country of origin.
These Z visa holders would be put at the back of the line for the path to residency and citizenship. It is believed it would be at least eight years before they were eligible for a green card and 13 years before they would be eligible for U.S. citizenship. However, there is a shorter waiting period for youth: individuals under the age of 30 that were brought to the United States as minors are eligible to receive their green card after 3 years rather than 8.

Other Terms of the Proposed Law

This bill contains the following terms:

• a guest worker program providing for up to 400,000 visas per year for nonprofessional positions such as restaurant workers, factory labor, and construction
• an increase in H-1B visas from 65,000 to 110,000 for higher-skilled positions
• a one-time increase in family-based and employment-based permanent residence visas to help alleviate the immense backlog that exists
• restructuring of the current employment based green card system by introduction of a merit based points system, and increased emphasis on skills-based immigration rather than family unity
• creation of a verification system for employers to check on the legal status of workers they hire, along with a requirement that employers verify the legal status of all of their employees
• enhanced border controls, construction of a border wall with Mexico, and higher penalties for the employment of undocumented immigrants

Restructuring the Permanent Residence System.

One of the most controversial parts of the bill would replace the current employment based green card system with a merit based points system, and put increased emphasis on skills-based immigration rather than family unity.
The current family-based immigrant categories would be drastically changed and some categories eliminated altogether. The following family-based preference categories would be eliminated:

• First Category: Unmarried Sons and Daughters of Citizens
• Second Category: Unmarried adult Sons and Daughters of Permanent Residents
• Third Category: Married Sons and Daughters of Citizens
• Fourth Category: Brothers and Sisters of Adult Citizens

There would also be reductions in the categories for parents of U.S. citizens and in the second preference category for spouses and minor children of permanent residents. This means that for the first time in many decades, U.S. citizens could not sponsor their adult children or siblings for a green card. There would also be a cut-back in the number of citizens who could sponsor their parents.
Instead, a yet undefined “point system” would be established to determine eligibility for a large segment of the immigrant pool. This point system would be similar to the immigration systems that exist in Great Britain, Canada and Australia, among others. Applicants would be graded on their eligibility for permanent residence based upon their education, experience and job potential, as well as family ties. The method of weighing each of these criteria is yet unclear, but would have a great role in allocating available green cards among applicant groups.
This is likely to be one of the most hotly-contested provisions of the proposed law.

Guest Worker Provisions in the Proposed Law.

The guest worker portion of the law would establish a new temporary Y visa for workers who are coming to the U.S. to perform temporary jobs. The categories created by the law include:

• a non-seasonal Y temporary worker (Y-1 visa)
• a seasonal temporary worker (Y-1 visa)
• a visa for agricultural workers, animal herders, and dairy workers (Y-2A)
• a visa for non-agricultural workers (Y-2B)
• their spouses and minor children (Y-3 visa)

Dependents of Y visa holders can accompany Y workers if the worker can show proof of valid medical insurance and demonstrate that the wages of the principal Y visa holder are 150% above poverty level for the household size.
A Y-1 worker can be admitted for a two year period that can be renewed twice. However, the worker must spend a period of one year outside the United States after each two years in the U.S. Y-2A and Y-2B visas would be valid for 10 months with no extensions possible. A Y worker who fails to timely depart the U.S. at the expiration of their visa is permanently barred from any future immigration benefit.
Workers applying for a Y visa must be paid the market or "prevailing wage" of all similar workers in the area.
The Y-1 visas would be limited to 400,000 with yearly adjustments based on market fluctuations and need. The Y-2B visas would be limited to 100,000 with the potential for adjustments, but there would be no numerical limitations for Y-2A visas.

Border Security Measures in the Proposed Law.

As have many prior immigration proposals, the bill contains a number of border security measures. However, this bill stipulates that the legalization terms of the law do not take effect unless or until these “triggers” are in place.
They include the hiring of 18,000 Border Patrol agents; the construction of 200 miles of vehicle barriers and 370 miles of fencing; the emplacement of 70 ground-based radar and camera towers along the southern border; the deployment of 4 Unmanned Aerial Vehicles and supporting systems; and increased detention of undocumented immigrants. Another benchmark for the legalization provisions would be the implementation of the employment verification system described below.
The bill would also increase the penalties relating to passport, visa and immigration fraud; mandate the detention of criminal aliens; establish increased penalties for illegal entry and reentry into the country; and simplify background checks for immigration status.

Employment Verification Measures in the Proposed Law

Another important element of the proposed law is the establishment of a system of visa status verification by employers intended to reduce employment of undocumented workers. The system provides employers with a means of verifying potential workers’ legal status quickly by electronic means.
All employers would be required to electronically verify newly hired employees within 18 months of the law’s enactment, or on the date on which the Secretary certifies that the system is operational. Once the system is implemented, all employers would be required to verify all current employees within by 3 years after enactment.
The law would also increase penalties significantly over current law for employment of workers without work authorization.

Future of the Bill

The proposed law will be introduced in the Senate for debate immediately and into the House of Representatives shortly thereafter. The bill must now be approved by both houses of Congress. There is substantial opposition on both the political left and right to terms of the bill, but it remains to be seen whether that opposition is enough to defeat the careful compromise that has been reached. There could be some changes to the terms, especially the point system or the guestworker provisions, before Congress approves a final Immigration Reform law. There is some possibility that the opposition to the bill will be so strong that no final bill will be agreed upon before the Congress recesses at the end of summer.
If the Congress agrees on a final immigration reform bill, it must go to President Bush for approval. The President has already publicly stated his support for this version of the law.