US IMMIGRATION NEWS UPDATE - JUNE 2007 HEADLINES

On May 29th, 2007, the US Citizenship and Immigration Services ("USCIS") announced new filing fees for all immigration applications. The new fee structure is effective on July 30th, 2007. Applications or petitions postmarked or otherwise filed on or after that date must include the new fee.

USCIS expects that the revenue from the new fee structure will lead to a 20 percent reduction in average application processing times by the end of fiscal year 2009, and will cut processing times by the end of fiscal year 2008 for four key application types: the I-90 (Renew/Replace Permanent Resident Card), I-140 (Immigration Petition for Alien Worker), the I-485, and the N-400 (Naturalization). These four application types represent one-third of all applications filed.

On May 17th, 2007, a bi-partisan group of US senators proposed a new Comprehensive Immigration Reform Legislation. The proposal is called the Secure Borders, Economic Opportunity, and Immigration Reform Act (a.k.a., the Grand Bargain). IMPORTANT: Please note that the Grand Bargain is only a proposal at this time. Pending legislations are not considered law unless they are approved by Congress and signed into law by the President of the United States. The proposed legislation includes:

• Putting Border Security And Enforcement First: Border security and worksite-enforcement benchmarks must be met before other elements of the proposal are implemented.

• Providing Tools For Employers To Verify The Eligibility Of The Workers They Hire: Employers will be required to verify the work eligibility of all employees using an employment eligibility verification system, while all workers will be required to present ber and more verifiable identification documents. Tough new anti-fraud measures will be implemented and stiff penalties imposed on employers who break the law.

• Creating A Temporary Worker Program: To relieve pressure on the border and provide a lawful way to meet the needs of our economy, the proposal creates a temporary worker program to fill jobs Americans are not doing. To ensure this program is truly "temporary," workers will be limited to three two-year terms, with at least a year spent outside the United States between each term. Temporary workers will be allowed to bring immediate family members only if they have the financial ability to support them and they are covered by health insurance.

• No Amnesty For Illegal Immigrants: Illegal immigrants who come out of the shadows will be given probationary status. Once the border security and enforcement benchmarks are met, they must pass a background check, remain employed, maintain a clean criminal record, pay a $1,000 fine, and receive a counterfeit-proof biometric card to apply for a work visa or “Z visa.” Some years later, these Z visa holders will be eligible to apply for a green card, but only after paying an additional $4,000 fine; completing accelerated English requirements; getting in line while the current backlog clears; returning to their home country to file their green card application; and demonstrating merit under the merit-based system.

• Strengthening The Assimilation Of New Immigrants: The proposal declares that English is the language of the United States and calls on the United States Government to preserve and enhance it, as well as enacting accelerated English requirements for many immigrants. In addition, the DHS Office of Citizenship will be expanded to include coordinating assimilation efforts in its mission, and the Education Secretary will make an English instruction program freely available over the Internet.

• Establishing A Merit System For Future Immigration: The proposal establishes a new merit-based system to select future immigrants based on the skills and attributes they will bring to the United States. Under the merit-based system, future immigrants applying for permanent residency in the US will be assigned points for skills, education, and other attributes that further our national interest including: ability to speak English; level of schooling, including added points for training in science, math, and technology; job offer in a specialty or high-demand field; employer endorsement; and family ties to the US

• Ending Chain Migration: The immigration system would be reformed to better balance the importance of family connections with the economic needs of our country by replacing the current system, where nearly two-thirds of green cards are awarded to relatives of US citizens, with a system in which future family

• Clearing The Family Backlog In Eight Years: Millions of family members of US citizens now wait years in line for a green card, with some waits estimated at as long as 30 years. Family members who have applied legally and have lawfully waited their turn in line will receive their green card within eight years.

Border Security And Worksite Enforcement Benchmarks Must Be Met Before A Temporary Worker Program Is Implemented. These benchmarks include:

• Construction of 200 miles of vehicle barriers and 370 miles of fencing.
• 18,000 Border Patrol Agents hired
• Ending of catch-and-release of illegal entries at the border
• 70 ground-based radar and camera towers along the southern border
• Deployment of 4 Unmanned Aerial Vehicles and supporting systems
• Resources to detain up to 27,500 aliens per day on an annual basis
• Deployment of 4 Unmanned Aerial Vehicles and supporting systems
• Employment Eligibility Verification System ready to process all new hires

The Proposal Establishes New Penalties For Border Crimes And Gives The Border Patrol Additional Tools To Stop Illegal Border Crossings. Through the deployment of additional Border Patrol agents with supporting equipment, the construction of additional fencing and vehicle barriers in targeted areas, and the development of a proper mix of sensors, radar, and cameras, the proposal establishes a true commitment to securing our borders.

Employers Will Be Required To Verify The Work Eligibility Of All Employees, While All Workers Will Be Required To Present ber And More Verifiable Identification Documents. Tough new anti-fraud measures will be implemented and stiff penalties imposed on employers who break the law.

• The Employment Eligibility Verification System will allow for real-time verification of employee photos and documents.

• The Department of Homeland Security and the Social Security Administration will be able to share "nomatch" information to ensure that illegal immigrants cannot use the Social Security information of Americans to pose as legal workers.

• Employer audits will serve as an additional check on employer compliance with the system.

To Relieve Pressure On The Border And Provide A Lawful Channel To Meet The Needs Of Our Economy, The Proposal Creates A Temporary Worker Program. The program allows workers to enter the country to fill jobs that Americans are not doing. The temporary worker program:

• Protects American workers by requiring US employers to advertise the job in the United States at a competitive wage before hiring a temporary worker.

• Provides additional labor protections for temporary worker program participants.

• Allows temporary workers to enter the United States to work for three two-year terms, with at least a year spent outside the United States between each term.

• Sets a cap of 200,000 on the temporary worker program, which can be adjusted up or down in the future depending on demand.

• Requires temporary workers who want to bring their immediate family to show that they have the financial means to support them and that they are covered by health insurance.

• Recognizes the unique needs of agriculture by establishing a separate seasonal agriculture component under the temporary worker program.

Illegal Immigrants Who Come Out Of The Shadows Will Be Given Probationary Status. To maintain their probationary status, they must pass a background check, remain employed, and maintain a clean criminal record.

Illegal Immigrants Who Fulfill Their Probationary Requirements Can Apply For A Z Card, Which Will Enable Them To Live, Work, And Travel Freely. Z card holders will be required to pay a $1,000 fine, meet accelerated English and civics requirements, remain employed, and renew their visa every four years.

Z Card Holders Will Have An Opportunity To Apply For A Green Card, But Only After:

• Paying an additional $4,000 fine,
• Applying at the back of the line and waiting until the current backlog is cleared,
• Returning to their home country to file their green card application, and
• Demonstrating merit under the merit-based system.

The Proposal Declares That English Is The Language Of The United States And Calls On The United States Government To Preserve And Enhance It, As Well As Enacting Accelerated English Requirements For Some Immigrants. The success of our country depends upon helping newcomers assimilate into our society and embrace our common identity as Americans – our shared ideals, an appreciation of our history, and an ability to speak and write the English language. Therefore, the Secretary of Education is directed to make an English
instruction program freely available over the Internet. The DHS Office of Citizenship is expanded to include coordinating assimilation efforts in its mission, and additional funding is authorized for the Office.

The Proposal Establishes A New Merit-Based System To Select Future Immigrants Based On The Skills And Attributes They Will Bring To The United States. A merit system is used by many other countries.

Under The Merit System, Future Immigrants Applying For Permanent Residency In The United States Will Be Assigned Points For Skills, Education, Employment Background And Other Attributes That Further Our National Interest. These skills include:

• Ability to speak English.
• Level of schooling, including added points for training in science, math, and technology.
• Job offer in a high-demand field.
• Work experience in the United States.
• Employer endorsement.
• Family ties to the United States.

In Place Of The Current System Where Nearly Two-Thirds Of Green Cards Are Awarded To Relatives Of US Citizens, Our Immigration System Will Be Reformed To Better Balance The Importance Of Family Connections With The Economic Needs Of Our Country.

• Visas for parents of US citizens are capped, while green cards for the siblings and adult children of UScitizens and green card holders are eliminated.

• A new Parents Visitor visa is created to ensure that parents are allowed to visit their children in the United States regularly and for extended periods of time.

• The Diversity Lottery Program, which grants 50,000 green cards per year through random chance, is ended.

• These rebalanced green cards are used to clear the Family Backlog in eight years and then applied to the new Merit System for future immigration once the backlog is cleared.

Family Members Who Have Applied Legally, And Lawfully Waited Their Turn In Line, Will Receive Their Green Card Within The Next Eight Years. Today, millions of family members of US citizens wait years in line for a green card, with some waits estimated at as long as 30 years.

On May 21th, 2007, the Bush Administration issued the following Fact Sheet about the 10 key myths and facts of the proposed immigration reform bill, currently under consideration by the Congress. The proposed legislation is called the Secure Borders, Economic Opportunity, and Immigration Reform Act (a.k.a., the Grand Bargain)

1. MYTH: This is amnesty.

FACT: Amnesty is the forgiveness of an offense without penalty. This proposal is not amnesty because illegal workers must acknowledge that they broke the law, pay a $1,000 fine, and undergo criminal background checks to obtain a Z visa granting temporary legal status.

FACT: To apply for a green card at a date years into the future, Z visa workers must wait in line behind those who applied lawfully, pay an additional $4,000 fine, complete accelerated English requirements, leave the US and file their application in their home country, and demonstrate merit based on the skills and attributes they will bring to the United States.

FACT: Workers approved for Z visas will be given a temporary legal status, but they will not enjoy the full privileges of citizens or Legal Permanent Residents, such as welfare benefits and the ability to sponsor relatives abroad as immigrants.

2. MYTH: This proposal repeats the mistakes of the 1986 Immigration Reform and Control Act.

FACT: The 1986 Act failed because it provided amnesty for 3 million immigrants, did not adequately secure borders, did not include a workable employer verification system, and created no legal avenue to meet the labor needs of the American economy.

FACT: This proposal addresses every one of the shortcomings from 1986:

No Amnesty: Illegal workers must acknowledge that they broke the law and pay a fine to be eligible for a Z visa.

Border Security: Border security benchmarks must be met before the Z visa and temporary worker programs go into effect. These triggers include: constructing 370 miles of fencing and 200 miles of vehicle barriers at the border and increasing the size of the Border Patrol to 18,000 agents.

Employer Verification System: An Employment Eligibility Verification System must be ready to process new hires before the Z visa and temporary worker programs go into effect.

Temporary Worker Program: A temporary worker program will relieve pressure on the border and provide a lawful way to meet the needs of our economy.

FACT: The 1986 Act offered green cards after just 18 months, but under this proposal, green card applicants must meet a number of responsibilities – something which will take most candidates more than a decade.

3. MYTH: The government will not and cannot meet its promise to crack down on the hiring of illegal workers.

FACT: Before the Z visa and temporary worker programs go into effect, an Employment Eligibility Verification System (EEVS) must be in place and ready to prevent unauthorized workers from obtaining jobs in the United States.

FACT: Employers will be required to verify the work eligibility of all employees using the EEVS, and all workers will be required to present ber and more readily verifiable identification documents. Tough new anti-fraud measures will be implemented to restrict fraud and identity theft.

FACT: Employers who hire illegal workers will face stiff new criminal and civil penalties. For example, the maximum criminal penalty for a pattern or practice of hiring illegals will increase 25-fold, from $3,000 per alien to $75,000 per alien.

4. MYTH: This proposal would cut in half the amount of fence authorized by the Secure Fence Act of 2006.

FACT: The Secure Fence Act of 2006 – which authorized the construction of hundreds of miles of additional fencing; more vehicle barriers, checkpoints, and lighting; and increased use of advanced technology – will remain unchanged.

FACT: At least half of the additional fencing authorized by the Secure Fence Act must be built before the temporary worker program and Z visa could go into effect.

5. MYTH: The trigger period will cause a rush to the border.

FACT: To be eligible to apply for a Z visa, illegal immigrants must prove they were in the country prior to January 1, 2007.

FACT: Anyone caught crossing the border after the new law passes will be fingerprinted and permanently barred from receiving work or tourist visas from the US, creating a b disincentive to illegal immigration.

6. MYTH: By providing an opportunity for citizenship to illegal immigrants already here, the bill will exponentially increase extended-family chain migration.

FACT: The proposal reforms our immigration system to create a new balance between family connections and our national interests and economic needs.

FACT: Visas for parents of US citizens are being capped, while visas for siblings and adult children are eliminated.

FACT: To help keep our economy competitive, a new merit-based system similar to those used by other countries will give preference to attributes that further our national interest such as: job offers in high-demand fields, ability to speak English, and education.

7. MYTH: The temporary worker program is bad for American workers.

FACT: The temporary worker program relieves pressure on the border and meets our economic needs by allowing workers to enter the country to fill jobs that Americans are not doing.

FACT: The program protects American workers by requiring US employers to advertise the job in the United States at a competitive wage before hiring a temporary worker.

FACT: To ensure "temporary" means "temporary," workers are limited to three two-year terms, with at least a year spent outside the United States between each term.

FACT: A cap of 200,000 is set on the program, which can be adjusted up or down in the future depending on demand.

8. MYTH: Illegal immigrants will come out of the shadows and on to the welfare rolls.

FACT: Z visa workers are not entitled to welfare, Food Stamps, SSI, non-emergency Medicaid, or other programs and privileges enjoyed by US citizens and some Legal Permanent Residents.

FACT: In order to apply for and maintain Z visa status, workers must remain employed.

9. MYTH: Government agencies will not be able to share information to pursue immigration violators.

FACT: Under this proposal, there will be unprecedented information sharing between Federal, State, and local agencies to ensure that immigration laws are respected and enforced.

FACT: The new Employment Eligibility Verification System, which employers will be required to use for all employees, will rely on unprecedented information sharing across Federal and State databases, including Social Security records, passport and visa records, and State driver's licenses.

FACT: For Z visa applicants, DHS has authority to share information with law enforcement about terrorist aliens, security risks, and criminal aliens, including aliens who lie on their applications and aliens who commit fraud.

FACT: Under this proposal, DHS will receive Social Security Administration "no match" information on individuals and information on multiple uses of the same social security number by more than one individual.

10. MYTH: Senators are being asked to vote Monday on a lengthy bill that they will not have time to read.

FACT: Monday's vote is only a procedural vote to bring the bill to the floor for debate, not a vote on the bill itself.

FACT: This bill is the product of months of extraordinary negotiations between Senators from both parties and Cabinet-level officials.

The current level of demand in many of the employment-based categories has been much lower than anticipated. As a result, the June 2007 cut-off dates have been advanced significantly in an effort to maximize number use under the annual numerical limits. At this time it appears likely that there will be additional advances during the coming months.