STRIVE: A proposal for immigration reform

On March 22, 2007, Representatives Luis Gutierrez (D-IL), and Jeff Flake (R-AZ), introduced the Security Through Regularized Immigration and a Vibrant Economy Act of 2007 (STRIVE Act of 2007), calling for a comprehensive immigration reform, including a Guest Worker Program.

The law is almost 700 pages long (697 pages), but here are some of its features, as summarized by the American Immigration Lawyers Association (AILA):

1) There are extensive provisions dealing with border enforcement (securing our borders), and interior enforcement, (finding illegal aliens in the US), increasing penalties for certain types of crimes, and employment verification.

2) In order for a New Worker Program to be implemented, the Secretary of the Department of Homeland Security (DHS) must certify to Congress that border surveillance, immigration document security and employment verification technology improvements have been implemented and are ready to use.

3) A new H-2C visa would be created, which is valid for 3 years, with another 3-year extension.

4) Employers must first attempt to hire US workers by offering the job to any eligible US worker who applies and is qualified and able to work. This may be done through a recruitment process, which seems similar to labor certification, where an employer advertises a job and offers it to American workers, who are given "first choice" for the job).

5) There is an initial annual cap of 400,000 H-2C visas.

6) H-2C immigrants who are unemployed for 60 days must leave the US

7) The H-2C visa allows aliens the ability to travel outside the US, flexibility to change employers ("portability"), and the opportunity to apply for conditional permanent residence after 5 years of employment, and eventual citizenship, if desired.

8) To be eligible for H-2C, the alien must demonstrate that he or she is qualified for the job, and provides evidence of a job offer from a US employer. In addition, the alien must complete a criminal and terrorism background check, pay a $500 application fee, undergo a medical exam, and show that he or she is "admissible" to the US. Workers who enter the US unlawfully could be barred from receiving many immigration benefits (including participation in the H-2C program) for 10 years.

9) The STRIVE Act will also add additional visas to existing family and employment based categories, which could reduce backlogs or waiting times. For example, right now there are approximately 480,000 visas allocated worldwide for family based petitions. Under the STRIVE Act, immediate relatives of US citizens (spouse, parent, minor child) would no longer be counted against that 480,000 cap. Thus, there would be more visas available in the other categories, (such as spouse or children of immigrants, brothers and sisters, married children of citizens, etc.) Employment based visas would be increased worldwide from 140,000 to 290,000 per fiscal year. H-1B visas would be increased from the 65,000 current level to 115,000, which would help alleviate the problem of "running out" of H-1B visas.

10) The STRIVE Act also creates a legalization program for illegal aliens (conditional nonimmigrant status). This conditional nonimmigrant status would also include the alien’s spouse and children in the US and is valid for 6 years. The conditional nonimmigrant visa would authorize the alien to work, travel outside the US, and have protection from removal/deportation.

11) "Earned legalization" would also provide certain immigrants in removal/deportation proceedings, or already ordered to depart voluntarily (voluntary departure), with the opportunity to apply for conditional nonimmigrant status. Thus, people facing removal/deportation may be "saved" through this proposed law.

12) Some of the requirements for conditional nonimmigrant status include continuous presence in the US on or before June 1, 2006, and being employed since that date. (So, be sure to save all documents e.g. pay stubs and other evidence showing that you were in the US and working on or before June 1, 2006) Additionally, the alien must complete criminal and security background checks.

While this is certainly a very promising and encouraging proposal, the STRIVE Act is not yet law. Therefore, there is nothing to "apply" for at the present time. Let us hope it passes and becomes law. In the meantime, start saving your documents in order to prove your eligibility. If it passes, you do not want to be excluded simply because you lost all your papers or don’t know where you put them. Find and save them now.

If this proposal does become law, you should seek the assistance of an attorney, (not an immigration consultant, notario, friend or relative, who or are not even allowed, by law, to offer legal advice). The attorney could evaluate your situation, and determine whether you are eligible for this program, if and when it finally passes. Lets all pray for STRIVE!

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