Visa Update: Bill filed to lift retrogression

With these words, Rep. Luis Gutierrez of Illinois introduced his  Comprehensive Immigration Reform Bill in Congress. The Bill called Comprehensive Immigration Reform for America’s Safety and Protection (CIR ASAP) gives hope to Filipino nurses who have been waiting for visa retrogression relief. A few of the key points of the bill include:

BACKLOG REDUCTION: A recapture of unused employment-based visas from fiscal years 1992-2008; allowance for future unused visa numbers to roll over to the next fiscal; exemption of spouses and children from the annual cap; increase in the per-country limit; and ability to file for Adjustment of Status before a visa number is available by paying a supplemental fee of $500 (though the visa cannot be issued until a visa number is available, the filing can allow for work authorization, travel authorization and maintenance of status).

WORK VERIFICATION: Makes E-verify work verification application to all employers; phases-in the system to make it applicable to all workers (current employees and new hires); creates additional penalties for an employer’s failure to follow the E-verify program

H-1b AND L-1 VISA PROGRAM: Creates requirement for employers to attempt to recruit U.S. workers before it can apply for an H-1b; increases penalties for H-1b violations; and creates penalties for L-1 violations

UNDOCUMENTED IMMIGRANTS: Creates a six-year conditional nonimmigrant status to foreign nationals in the U.S. illegally, including work authorization and travel authorization; waives unlawful presence bars; and provides a path to permanent residence and citizenship

According to Hammond Law Group, this bill indirectly benefits Schedule A occupations (registered nurses and physical therapists) in many ways.

Here’s how it helps:

1. The bill provides a recapture of unused visa numbers from 1992 to 2008.

2. The bill provides an allowance for future unused visa numbers to roll over to the next fiscal year, thereby creating a situation where we always get the full allotment of visas.

3. The bill increases the per country limit — this benefits the countries that are normally backlogged (Philippines, India and China) by allowing more visa numbers.

4. The bill exempts spouses and children from the annual quota. The historical data since 2001 shows an average of 2.3 dependents per person. Therefore, exempting the dependents from the quota will allow 2.3x more visa numbers.

5. The bill allows a person to file for I-485 Adjustment of Status even when priority dates are not current if the person pays a $500 supplemental fee. This means that a person in the U.S. on a visitor status, student status, or other lawful status (or out of status for a period of less than 180 days) can proceed with the I-485 application and obtain work authorization and remain legally in the U.S. while the USCIS processes the application.

The bill that has been introduced is in the very early stages. Before it becomes a final law, it will go through changes in both the House and Senate. Of course, there is no guarantee that any of it will become law.