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Border Security Economic Opportunity and Immigration Modernization Act Introduced in the U.S. Senate

The Border Security Economic Opportunity and Immigration Modernization Act was introduced in the U.S. Senate on April 16, 2013. The main points of the bill are as follows:

Legalization: Allow individuals who have been unlawfully present in the U.S. since on or before December 31, 2011, to apply for Registered Provisional Immigrant (RPI) status. The applicants would have to pay a penalty and back taxes. If they comply with all the requirements, these individuals may apply for permanent residency (green card) in ten years and apply for naturalization (citizenship) three years after obtaining permanent residency. DREAMers (individuals who entered U.S.) as a Minor) and Agricultural workers may able to obtain permanent residency and naturalization sooner.
Family Based Immigration: Allow derivatives of Immediately Family Members. Change the minor children and spouse of permanent residents to immediate family member category (which would mean that the visas will be immediately available.) Place an age limit of 31 for the married sons and daughters of U.S. Citizens. Eliminate the siblings of U.S. Citizens category.
Employment Based Immigration: Exempt from the annual quota the following: EB-1 immigrants (international company transferee executive/manager, extraordinary employee, and outstanding researchers), doctoral degree holders, physicians who have completed foreign residency requirement, and derivates. Add a new EB-6 category for entrepreneurs.
Temporary Workers: Create a new W-1 visa for lesser skilled workers and W-2 visa for temporary contract workers and W-3 for “at-will” full time agricultural workers. The W-2 and W-3 will replace the H-2A visa.
Asylum: Eliminate the one-year filing deadline and authorize asylum officers to grant asylum during credible fear interviews.
E-very: Require all employees to be on the system within 5 years. Larger employers will be required to be on the system first.
H-1B: Increase the general quota to a floor of 110,000 and a ceiling of 180,000 based on the prior year’s situation. Increase the master degree cap to 25,000 but limit to only STEM graduates. Add a recruitment requirement to the Labor Condition Application system. Significantly increase the prevailing wage. Allow spouses of H-1b to work pursuant to an Employment Authorization. Add 60 days grace period after a particular job is terminated.
Fraud: Criminal penalties for fraud dealing with immigration are added.

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