Recommendation # 1: Grant Preliminary Protected Status to the Undocumented
The quickest and most efficient way to “normalize” and identify the estimated 11 million undocumented persons in the United States is to grant them status similar to temporary protected status (TPS). Under this proposal, all persons who entered the United States unlawfully, or whose legal status lapsed six or more months prior to the enactment of the new law, would be eligible to register under a new program similar to TPS with similar documentary requirements. The application process would begin within 180 days after enactment of the law. Such persons would be issued “Preliminary Protected Status” (PPS). All persons applying under this PPS program would be subject to biometrics registration and would be issued employment authorization. Employers will be provided a one-time “amnesty” for previous employment of undocumented employees, so long as employers ensure that all employees are compliant within 360 days after the effective date of the program. (See #3 below). All persons granted PPS would eventually be eligible for a “path to permanent residence” and eventually citizenship in the United States, if they meet the other requirements.
Current Situation:
Currently, more than 11 million undocumented persons reside in the United States. Employers are often unable to document an individual’s eligibility for employment. Furthermore, the IRS is unable to account for billions of dollars in income taxes, FICA, and Medicare.
Expected Results:
• The U. S. Government will be able to identify, fingerprint, and document the whereabouts of the estimated 11 million undocumented individuals residing within U.S. borders.
• Employers will be able to hire and E-Verify newly documented individuals and place them on their payroll legally.
• Tax revenue will increase by placing millions of newly documented workers onto payrolls.
• Individuals would no longer be “living in the shadows or in fear” and would become contributing members of the community.
Current Situation:
Currently, more than 11 million undocumented persons reside in the United States. Employers are often unable to document an individual’s eligibility for employment. Furthermore, the IRS is unable to account for billions of dollars in income taxes, FICA, and Medicare.
Expected Results:
• The U. S. Government will be able to identify, fingerprint, and document the whereabouts of the estimated 11 million undocumented individuals residing within U.S. borders.
• Employers will be able to hire and E-Verify newly documented individuals and place them on their payroll legally.
• Tax revenue will increase by placing millions of newly documented workers onto payrolls.
• Individuals would no longer be “living in the shadows or in fear” and would become contributing members of the community.
Recommendation # 2: Broaden Application of Visa Waiver Program Rules to most nonimmigrants.
Current Visa Waiver Program rules regarding change of status, extension of status and adjustment of status should be applied to most nonimmigrants. The “Change of Status” should be eliminated for all categories of temporary nonimmigrants except for persons who enter on F-1 (students), , H-1B (professional temporary workers), L-1 (intra-company transferees), and O (extraordinary merit workers) visas and their derivatives and for persons entering as fiancés. In addition, the “Adjustment of Status to Permanent Residence” should be eliminated for all nonimmigrants except for those entering on F-1, H-1B, L-1, and O visas, or spouses of U.S. citizens if the spousal relationship occurred as a result of entry as a fiancé, or if the marriage occurred between the nonimmigrant and a U.S. citizen after the nonimmigrant had been in lawful nonimmigrant status in the United States for at least one year. Persons who overstay their visas or undocumented persons will be ineligible for adjustment of status in the United States and will be required to process at a U.S. Consulate abroad. All nonimmigrants will be subject to expedited removal for violation of terms of admission. In order to return to the United States in the future, the individual would need to pay $100 per day he/she overstayed during the prior visit to the United States. (see further discussion below).
Current Situation:
Foreign visitors for business or pleasure from most countries must obtain a nonimmigrant "B" visa to enter the United States. This process requires that the prospective visitor apply for a visa at a U.S. consular post abroad before entering the United States. Also, most of these visa applicants must be interviewed in-person. As many as 40 per cent of the estimated 11 million unauthorized individuals currently in the United States entered the country under a nonimmigrant visa.
Under the visa waiver program (VWP), the Secretary of the U.S. Department of Homeland Security may waive the visa requirement and allow temporary visitors from certain countries to enter the United States without prior application for a visa. As of April 2013, 37 countries have been designated to participate in the VWP. These countries include Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Malta, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.
While the VWP applies only to these 37 countries, all of which are key allies whose citizens have fewer instances of overstaying their visit, the VWP visitors are subject to some very specific restrictions. VWP visitors are:
• Not allowed to change to another nonimmigrant or immigrant status.
• Not permitted to extend their stay except for emergency reasons, and then for only 30 days.
• Not permitted to adjust to immigrant status, except in very limited situations.
• Subject to deportation without any administrative or judicial recourse for violating the terms of admission (except in asylum cases).
Currently, no such rules apply to persons entering on visitor or other visas.
Expected Results:
The current nonimmigrant visa system would conform to the existing Visa Waiver Program and would clarify for the nonimmigrant that there is no possibility of changing status once in the United States. The possibility of entering the United States as a visitor and remaining here based on a request for change of status or adjustment of status would also be eliminated. Additionally, anyone who overstays his/her visa or enters illegally will be barred from changing status or obtaining future immigration benefits while in the United States.
Additionally, this provision will help individual applicants for visitor visas in that the consular officers will be less likely to deny visitors based on failure to prove nonimmigrant intent, which is the primary reason for denials of visitor visas today..
Current Situation:
Foreign visitors for business or pleasure from most countries must obtain a nonimmigrant "B" visa to enter the United States. This process requires that the prospective visitor apply for a visa at a U.S. consular post abroad before entering the United States. Also, most of these visa applicants must be interviewed in-person. As many as 40 per cent of the estimated 11 million unauthorized individuals currently in the United States entered the country under a nonimmigrant visa.
Under the visa waiver program (VWP), the Secretary of the U.S. Department of Homeland Security may waive the visa requirement and allow temporary visitors from certain countries to enter the United States without prior application for a visa. As of April 2013, 37 countries have been designated to participate in the VWP. These countries include Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Malta, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.
While the VWP applies only to these 37 countries, all of which are key allies whose citizens have fewer instances of overstaying their visit, the VWP visitors are subject to some very specific restrictions. VWP visitors are:
• Not allowed to change to another nonimmigrant or immigrant status.
• Not permitted to extend their stay except for emergency reasons, and then for only 30 days.
• Not permitted to adjust to immigrant status, except in very limited situations.
• Subject to deportation without any administrative or judicial recourse for violating the terms of admission (except in asylum cases).
Currently, no such rules apply to persons entering on visitor or other visas.
Expected Results:
The current nonimmigrant visa system would conform to the existing Visa Waiver Program and would clarify for the nonimmigrant that there is no possibility of changing status once in the United States. The possibility of entering the United States as a visitor and remaining here based on a request for change of status or adjustment of status would also be eliminated. Additionally, anyone who overstays his/her visa or enters illegally will be barred from changing status or obtaining future immigration benefits while in the United States.
Additionally, this provision will help individual applicants for visitor visas in that the consular officers will be less likely to deny visitors based on failure to prove nonimmigrant intent, which is the primary reason for denials of visitor visas today..
For media inquiries or further information please contact Prakash Khatri at 202-470-0431 or email him at prakash@khatrilaw.com . We welcome support and corporate funding to develop these ideas further. MyUSA1.com is owned by PrakashKhatri.