The document summarizes key aspects of the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744), a comprehensive immigration reform bill introduced in 2013. It describes provisions to provide legal status and a path to citizenship for undocumented immigrants, reform family-based and employment-based immigration, expand some nonimmigrant visa programs, and increase border security and enforcement measures. Specifically, it outlines the creation of a Registered Provisional Immigrant program that would allow undocumented immigrants to gain legal status for 10 years before applying for a green card.

1. NaFFAA, P.A. 3rd
STATE
SUMMIT:
COMPREHENSIVE
IMMIGRATION REFORM
Patricia Astorga, Esq.

2. Border Security, Economic Opportunity
and Immigration Modernization Act
 Also known as “S. 744”
 a broad-based proposal for reforming the
U.S. immigration system written by a
bipartisan group of eight Senators known as
the “Gang of Eight.”

3. “Gang of Eight” Senators
Picture taken from:
http://immigrationsarasota.com/wp-content/uploads/2013/04/GANG-OF-EIGHT.jpg

4. What Does S.744 Do?
 makes changes to the family and employment-based
visa categories for immigrants
 provides critical due-process protections
 increases the availability of nonimmigrant workers to
supplement all sectors of the workforce
 provides legal status to 11 million undocumented
immigrants within the United States.

5. How is S.744 Organized?
 Border Security (Title I)
 Immigrant Visas (Title II)
 Interior Enforcement (Title III)
 Reforms to Nonimmigrant Visa Programs
(Title IV)
 Jobs for Youth (Title V)

6. One of the key aspects of the bill:
A new “W” worker program
 Could expand over time based on workforce needs
 Although W-visas are for a limited duration, workers in W status may
eventually be eligible to apply for lawful permanent residence, marking
the first time that such less-skilled nonimmigrant workers would be
allowed to transition to permanent resident status without an
employer’s sponsorship

7. Other key aspects:
 Expands permanent visas for many foreign
graduates from U.S. universities in the sciences and
related fields
 Increases over time the number of temporary high-
skilled visas based on demand
 Expands opportunities for entrepreneurs and
investors to come to the U.S.

8. A Closer Look at Title II
Immigrant Visas

9. Registered Provisional Immigrant
 Upon enactment of the bill, undocumented
immigrants will be allowed to register for the
new Registered Provisional Immigrant (RPI)
program almost immediately.

10. Registered Provisional Immigrant
 legal status for an initial period of 6 years
 an optional renewal of an additional 6 years
 After 10 years of lawful status the registered
provisional immigrant could apply to adjust status to
permanent residence and eventually, three years
later, naturalize.
 That's 10 years to permanent residency, green card
status, and 13 years to citizenship.
 During the application process for RPI status,
applicants will not be deported or removed.

11. Registered Provisional Immigrant
1. Physical Presence
 Be physically present in the U.S. when submitting RPI
application.
 Be physically present in the U.S. on or before Dec. 31,
2011.
 Have maintained continuous physical presence in the U.S.
from Dec. 31, 2011 until status is granted, unless absence
was "brief, casual or innocent."

12. Registered Provisional Immigrant
2. Crime The following charges are grounds for ineligibility:
 Felony conviction, unless "an essential element [of the
conviction] was the alien's immigration status or violation of
this Act."
 Three or more misdemeanors, other than minor traffic
offenses or state or local offenses for which "an essential
element [of the charge] was the alien's immigration status or
violation of this Act."
 Any offense under foreign law except a purely political
offense.
 Engagement in terrorist activity or suspicion of being
engaged in terrorist activity.

13. Registered Provisional Immigrant
3. Taxes
 All applicants must provide proof of payment of
federal income taxes.

14. Registered Provisional Immigrant
4. Immigration Status: If in the U.S. under the following
immigration statuses on the date the Act was introduced to the
Senate, the applicant will be ineligible
 Lawfully admitted for permanent residence;
 Admitted as a refugee or granted asylum; or
 Lawfully present in a nonimmigrant status.

15. In addition….
 Spouses and children of RPIs would also be eligible.
 RPIs will not be eligible for federal means-tested public benefits
such as Medicaid, food stamps, and benefits under the
Affordable Care Act, and in general will not receive social
security credit for previous unauthorized employment (except in
the case of those who received a Social Security number prior
to 2004).

16. How does the RPI Program reflect the special
circumstances of undocumented immigrants?
 Many undocumented immigrants eligible for RPI status could be
disqualified based solely on immigration status-related violations of
immigration law.
 Consequently, certain grounds of inadmissibility or other factors that
would disqualify a large segment of the undocumented population do
not apply to RPI applicants. (e.g 3 and 10 year bars)
 Individuals who have been deported are generally ineligible, but may
be permitted to re-enter the United States and apply for RPI status if
they meet all other requirements and have close relatives who are U.S.
citizens or Lawful Permanent Residents.

17. When can undocumented immigrants apply
for RPI status ?
 The official application period should begin on the date of final
publication of these regulations and is set to run initially for one year,
with a possible extension of an additional 18 months at the discretion
of DHS.
 In the interim, S. 744 prohibits removal of individuals who are eligible
for RPI status.

18. When will Registered Provisional Immigrants
be eligible for Lawful Permanent Residence?
 Registered Provisional Immigrants will be able to apply for Lawful
Permanent Residence (a “green card”), but they must go to the “back
of the line” and have been in RPI status for at least 10 years.
 Requirements for permanent residence include maintaining regular
employment.
 Exceptions are made for full-time students, children under 21, physical
or mental disability, and showings of extreme hardship.
 Applicants would also have to show that they have maintained RPI
status, paid taxes, meet English proficiency requirements (or be
pursuing a course of study in English), pass an additional background
check, and pay application fees and an additional $1,000 penalty.

19. When will Registered Provisional
Immigrants be eligible for naturalization?
 Registered Provisional Immigrants who have been lawfully
present for 10 years before becoming permanent residents will
be able to apply for U.S. citizenship after maintaining
permanent resident status for 3 years.
 Therefore, undocumented immigrants who legalize via the RPI
track will have to wait at least 13 years to become citizens.

20. What background checks and security measures are
part of the RPI process ?
 Biographic and biometric data (fingerprints)
 Personal interview
 Additional background check when they renew their RPI status
 Additional screenings

21. The Development, Relief and
Education for Alien Minors (DREAM) Act
 would permit certain immigrant students who have grown up in the U.S. to
apply for temporary legal status and to eventually obtain permanent legal
status and become eligible for U.S. citizenship if they go to college or serve
in the U.S. military
 Eligibility
 came to the U.S. at age 15 or younger
 at least five years before the date of the bill’s enactment
 maintained good moral character since entering the U.S.
 acceptance to college, graduation from a U.S. high school, or
being awarded a GED in the U.S.
 Students would not qualify for this relief if they had committed crimes,
were a security risk, or were inadmissible or removable on certain other
grounds.
 Under the Senate bill qualifying students must be under age 35, whereas
under the House bill they must be under age 32.

22. Is the DREAM Act part of the RPI Program ?
 A version of the DREAM Act has been incorporated into the
RPI program to address the special situation of many
undocumented immigrants who entered the U.S. as children.
 DREAMers, however, are placed on a more accelerated path to
permanent legal status and citizenship.

23. How do DREAMers qualify for RPI status? Is there a
different timeline for DREAMers?
 Same application process as other undocumented immigrants
 They may apply for Lawful Permanent Residence after five years in RPI status
To qualify for this accelerated program:
 An applicant must have entered the U.S. before he or she turned 16
 Have been in RPI status for at least five years, have earned a high-school
diploma or GED
 Have completed at least two years of college or four years of military service
 Have passed an English test and background checks, among other
requirements.
DREAMers may apply for citizenship as soon as they receive their green card.

24. Merit-Based Point System
 What is merit-based point system and how
does it work?
– The system allows foreign nationals to obtain Lawful
Permanent Residence in the United States by accumulating
points mainly based on their skills, employment history, and
educational credentials.
 How many visas are allocated each year under the merit-based
point system?
– Between 120,000 and 250,000 visas

25. What are tier 1 and tier 2 and how do they
work?
 Tier one visas would be designated for higher-skilled immigrants with
advanced educational credentials and experience
 Tier two visas would be reserved for less-skilled immigrants.
 Beginning in fiscal year 2018, 50 percent of the visas will be allocated
to applicants with the highest number of points under tier 1, and 50
percent will be allocated to applicants with the highest number of
points allocated under tier 2.

26. Who can obtain Lawful Permanent Resident
status under this track?
 Starting October 1, 2014, family- or employment-
based applicants whose applications have been
pending five years or more under the current system
will become eligible for a visa.

27. What are the main changes to the family-based
immigration system?
 Petitions for spouses and children of Lawful Permanent Residents
under the current family-based system will be considered immediate
relatives, making them exempt from current visa caps and immediately
eligible for green cards.
 There will no longer be an immigrant category for siblings of U.S.
citizens, and visas will no longer be available to married sons or
daughters of U.S. citizens who are over 30 years of age.
 These relatives would have to apply under the new point system or find
another avenue in order to immigrate.

28. How does S. 744 address existing problems in the
family-based immigration system?
 Eliminating the current backlogs in the system by 2021
 Recapturing unused visas from previous years
 Allowing parents of U.S. citizens to bring their minor children at the time they
immigrate
 Allowing for immediate reunification for spouses and minor children of Lawful
Permanent Residents.
On the other hand, the bill eliminates the categories for siblings and adult married
children of U.S. citizens if they are over 30. The bill also does not specifically
allow U.S. citizens or LPRs to petition for green cards for their same-sex
spouses.

29. What provisions does the bill include for victims of human
trafficking and workplace abuse?
 S. 744 includes expanded protections against human smuggling and
trafficking.
 Employers recruiting workers abroad are required to register with the
Secretary of Labor and post a bond.
 Employers must disclose the conditions of the visa and the work contract to
the worker and are prohibited from charging the workers recruitment fees.
 S. 744 expands the availability of the U visa to include victims of serious
workplace abuse, slavery, or other serious violations of workers’ rights.
 The bill increases penalties for human smuggling activities and establishes a
pilot program to prevent child trafficking.

30. What protections does the bill have for other
vulnerable immigrants?
 The bill provides additional protections for immigrants who are
battered by their spouses and for other vulnerable individuals.
 Battered immigrants will be eligible to receive certain public
housing, and will be eligible for work authorization while their
VAWA petitions are pending.
 The bill also permits qualified stateless individuals to apply for
Lawful Permanent Resident status.

31. How does the bill protect the rights of
immigrants who are in court proceedings?
 In the case of unaccompanied minor children, immigrants with
serious mental disabilities, and other particularly vulnerable
individuals, the bill requires that a lawyer be appointed to
represent them.
 The bill requires that immigrants in proceedings have access to
evidence in the government’s files and adds additional
immigration judges, additional court staff, and additional
training programs for judges and staff.

32. A Closer Look at Title IV
Reforms to
Nonimmigrant
Visa Programs

33. What are H-1B and L-1 visas?
 The H-1B visa is for foreign workers with at least a
bachelor’s degree who come to work temporarily in a
specialty occupation.
 The L-1 visa is for foreign workers who have gained
essential experience abroad with a multinational
employer that needs to transfer them here
temporarily to assist in their operations in the United
States

34. How does S. 744 change the H-1B and L-1
visa programs?
 The bill raises the annual H-1B visa cap, raises H-1B wage
requirements, and requires employers to make significant
efforts to recruit U.S. workers.
 The current H-1B visa cap of 65,000 is replaced with a cap that
fluctuates between 115,000 and 180,000.
 The bill also makes it easier for H-1B workers to change
employers and limits employers’ ability to place L-1 workers
with other employers.

35. What are the new investor visas
created by S. 744?
 X visa - for entrepreneurs whose businesses have attracted at least $100,000
in investment, or have created no fewer than three jobs during a two-year
period prior to the application and generated $250,000 in annual revenue.
– This is a temporary nonimmigrant visa that is granted for three years.
 EB-6 Immigrant Investor Visa
– leads to Lawful Permanent Residence.
– for entrepreneurs who have a significant ownership in a U.S. business and
have had a significant role in the start-up of the business
– The business must have created at least five jobs and must have received
at least $500,000 in venture capital or investment, or created five jobs and
generated $750,000 in annual revenues in the prior two years.

36. What other changes are made to
nonimmigrant visa programs?
 allows F-1 student visa holders to have dual intent.
 allows employees of multinational corporations to
enter the United States for 90 days to oversee
operations or for 180 days for leadership and
development training.

37. Children of Filipino WWII Veterans
 An amendment recently tucked into the proposed immigration
overhaul package now being debated in the Senate could have
big implications for Filipino Americans.
 It would put the sons and daughters of Filipino World War II
veterans who fought alongside Americans on a fast track to
citizenship.
 The Filipino Veterans Family Reunification Act would put the
children of Filipino World War II veterans on a pathway to
citizenship while reducing the long wait for a visa.

38. Timeline of Comprehensive
Immigration Reform

39. Deferred Action for Childhood Arrivals
Picture from:
http://www.publicinterestprojects.org/wpcontent/uploads/2012/08/DACA-DC-large.jpg

40. June 15, 2012
• President Barack Obama announces The
Deferred Action for Childhood Arrivals
(DACA) a new program that would grant
undocumented youth in the U.S protection
from deportation as well as work permits.
• Strict eligibility requirements were set out,
nonetheless DACA is viewed as a “turning
point in the fight for immigration reform.”

41. April 27, 2013
Gang of Eight introduces an immigration
reform bill in the Senate. The bill offers a path
to legal status and eventual citizenship for
undocumented immigrants who came to the
U.S before Dec. 31, 2011. The bill also
increases the number of high-skilled visas (H-
1B) and creates a new visa (W visa) for low
skilled workers. It will also allow some
deported immigrants to return, a provision not
featured in other immigration bills.

42. May 16, 2013
• A bipartisan group in the House announced they
have reached an “agreement in principle” on
comprehensive immigration reform legislation.
• The bill is expected to be more conservative than the
one in the Senate as the House is majority
Republican.
• However, both bills include a pathway to citizenship
for undocumented immigrants.

43. June 19, 2013
• The House Judiciary Committee held its first markup
of immigration legislation and approved on a 20-15
party-line vote an enforcement-centered bill called
the Strengthen and Fortify Enforcement Act (SAFE
Act.)
• The bill permits states to enact and enforce their own
immigration laws, and also allows local police
officers to assist in enforcing immigration law.
• It also includes an amendment that would make
unlawful presence in the U.S a federal crime.

44. June 27, 2013
• The Senate approved the Gang of Eight’s
immigration reform bill by a vote of 68-32.
• All Democrats serving in the Senate, as well as 14
Republicans approved the bill.

45. July 23, 2013
• The House Judiciary Committee holds its first
hearing regarding whether to give undocumented
immigrants who were brought to the country as
children a path to citizenship.
• Almost all lawmakers agree that the children should
be given a path to citizenship; however a number of
Republican lawmakers question why the adults
should be granted the same path given that they
knowingly broke the law.

46. August 2013
 “August is a month in which either legislative
proposals die, or they survive. Those who favor
immigration legislation must be heard in August. And
if we do that, we’ll be well positioned for the fall in
the House. If we don’t, then we run a risk.” - U.S.
Sen. Robert Menendez, D-N.J.
 The month long break in August before the House
resumes in September is being considered as the
crucial time when the decision can be tipped in favor
of the bill.

47. QUESTIONS and
ANSWERS