ManilaMailDC.Net - Immigration debate

The immigration debate is creating a lot of noise these days after a bipartisan group in the U.S. Senate in collaboration with the White House crafted a compromise comprehensive immigration reform legislation.

The proposal puts emphasis on border security and enforcement. It will offer a probationary status for illegal aliens once benchmarks for border security and enforcement are met; it will create a temporary worker program to fill jobs that Americans are not doing; and it will overhaul future immigration by creating a merit-based system that will give more priority to aliens with skills rather than family ties.

It is premature for illegal immigrants can celebrate. Even if this proposal will survive, they have to wait until the government has met the required benchmarks, including building miles of fence at the border, hiring of more border patrol agents, continued “catch and return” at the border and setting up an employment eligibility verification system. These benchmarks will likely take a few years at least.

Once the government opens the application process to illegal immigrants, they still have to qualify for a Z card. They have to pass a background check and pay a $1,000.00 fine, meet English and civics requirement and may renew their visa every four years provided they remain employed.

Z visa holders may apply for a green card but will have to wait until the current immigration backlog is cleared. Since the proposal includes clearing the backlog in eight years, that is likely how long it will take at the earliest before a Z holder can apply for a green card. Moreover, a green card is not automatically granted.. The alien must return to his home country to file the green card application, pay an additional $4,000.00 fine, and demonstrate merit under the merit-based system. To satisfy the additional labor needs of the U.S. economy, a temporary worker program will be created to fill the jobs that Americans are not doing. Prospective employers will be required to advertise the job offer at competitive wage before being allowed to hire an alien temporary worker. The proposed cap of 400,000 per year will likely be reduced. Temporary workers who enter the U.S. can work for three two-year terms but must exit the US for a year between renewals.

Already there is criticism that this temporary worker program will create a new class of illegal immigrants because most of them may not go back to their home country after the termination of their legal employment. The temporary work visa however is not new. H-1B and H-2 B are temporary work visas for professionals and unskilled workers respectively. While H-1B holders can work for up to six years, it is more difficult to extend a status that has a limited duration of one-year. If the temporary worker program is intended to replace the H-2B visa category, the proposed numerical cap and duration of status is an improvement from the H-2B.

The overhaul of the family-based immigration categories is a departure from the family reunification policy that allowed immigrants to petition for their adult children, parents and brothers and sisters.

The proposal will eliminate the family-based first preference for above-21 children of US citizens, third preference for married children of US citizens and fourth preference for brothers and sisters of US citizens. There will be a cap on the number of parents of U.S. citizens, although parents will be allowed to visit children in the US for extended periods of time.

What is the impact of this to Filipino-Americans? Currently, family-based first preference has a backlog of 15 years. Second-preference over 21 children of green card holders have to wait for at least 9 years. Third preference married children of US citizens has a backlog of 22 years, just like the fourth preference brother/sister of US citizens. Considering the long wait, these preference categories have become almost meaningless for many immigrants.

Those who are beneficiaries of pending family-based petitions need not worry. They will likely benefit from the proposal to clear the backlog in eight years. So a brother or sister of a US citizen who is almost losing hope that they he/she will ever be able to immigrate 20 years later can now expect to enter the US in eight years.

U.S. citizens who have been discouraged from petitioning their brother/sister or married children because of the 22-year wait may find a silver lining in the temporary guest worker program. They can encourage their family members to take advantage of the temporary work program, especially if they have the skills that can get them maximum points under the merit system.

It is far too early to predict whether or not the bills introduced in the House and the Senate will survive the sniping both from the left and the right. The final outcome is still uncertain. For now, you can participate in the debate by making your views known to your legislators. Then, just hope for the best.