Apart from the significant reduction in visa wait times for both Employment, and Family Based immigrants, a summary of the key provisions of the Bill are as follows:
§ 2101 of the Bill creates the new Registered Provisional Immigrant (RPI) status that will allow the estimated 11 Million undocumented aliens who entered the United States before December 31, 2011, to obtain lawful provisional immigrant status. This section amends the existing Immigration and Nationality Act (INA) §245B. After 10 years in RPI status, formerly undocumented immigrants can apply for green cards.
§ 2103 provides that participants in the “Development, Relief, and Education for Alien Minors Act of 2013” (DREAM ACT) program can have their applications for RPI status expedited. In addition, DREAM ACT participants who have received degrees can apply for green cards within 5 years, and citizenship immediately. There is no age cap at time of application.
§ 2104 provides that aliens subject to removal or voluntary departure orders before the date of the enactment of the new law shall not affect the eligibility of such aliens to apply for a benefit under the Immigration and Nationality Act.
§ 4101 provides for a market based determination of the annual allotment of H-1B visas from a minimum of 110,000 to a maximum of 180,000. In addition, spouses of H-1B visa holders may apply for work authorization.
§ 4404 permits holders of O-1 visas for persons of extraordinary ability in their fields to begin work for a new employer upon the filing of an I-129 petition by the new employer, instead of waiting until the O-1 petition filed by the new employer is approved.
§ 4504 amends INA Section 101(a)(15) to create a new Retiree Visa for persons who have purchased with case a home in the United States for at least $500,000.
§ 4701 of the Bill creates the new W visa for individuals seeking work in the service sector, hospitality, construction, and other industries. W workers will have the right to change jobs and apply for green cards. Their families can come with them to the U.S and work. 20,000 in the first year, and up to 75,000 in the fourth year.
If you have question about how the Act could affect your immigration status, please call us at 954-843-3494.
When you call Schonberg & Timerman P.L. for a consultation, you will be able to speak personally and directly with Ms. Schonberg and/or Ms. Timerman who will guide you through the complex U.S. immigration system, and ensure you understand your rights and responsibilities under the law.