American employers will be required to verify the right to work in the United States for all employees, and workers will be required to present more convincing and verifiable identity documents. At the same time, measures will be taken to make it more difficult to forge required documents and to tighten penalties for such violations.
For the first time, a new type of visa (category Z) will be created for temporary workers occupying jobs that Americans do not want. To ensure this program is truly temporary, workers will be limited to three two-year terms, between which they must spend at least one year outside the United States. They will only be allowed to bring immediate family members if they have paid health insurance and the financial means to support them. Up to 400,000 such visas will be issued annually. In addition, special subcategories of this visa will be created for people wanting to work seasonally in agriculture. Currently, many American labor unions oppose this quota (400,000) and propose cutting it in half.
A fundamental decision has been made that illegal immigrants will not be granted amnesty. There are currently about 12 million illegal immigrants in the United States (exact figures unknown). Those who intend to end their shadow existence will be given a probationary period. In addition, they must pass a background check, continue working, have no criminal record, pay a fine of $1,000 for illegal entry into the United States, and obtain an identity document that will allow them to apply for a category Z visa.
After several years, holders of category Z visas will have the opportunity to apply for permanent residence and work authorization in the United States (green card), but only after paying an additional fine of $4,000; learning English; joining the queue behind earlier applicants; returning to their home country to apply for green cards from there; and demonstrating factors for obtaining visas under the new system (meaning the required level of education or professional skills and experience living in the United States). Recall that the idea of “work visas” has long been promoted by U.S. President George W. Bush.
For the first time, the topic that English is the language of the United States has been raised (until now, the official status of English has never been mentioned in any law). In this regard, new immigrants will be required to study it intensively.
It is also proposed to create a system for selecting newcomers based on whether they have skills and qualities that will benefit the United States. According to this principle, immigrants applying for permanent residence in the United States will be awarded points for qualifications, education, and other qualities (for example, English proficiency; level of education, including additional points for training in natural and exact sciences, a job offer in one's specialty, having a U.S. employer or relatives in the United States).
Also for the first time in U.S. history, an attempt is being made to stop so-called “chain migration,” where legal immigrants bring their family members to the United States. It is now proposed to reform the immigration system to improve the balance between two factors – family ties and U.S. economic needs. The current system has resulted in nearly two-thirds of green cards being issued to relatives of U.S. citizens. Under the new law, only parents and minor children will have the right to such sponsorship. At the same time, a new type of visa will be created specifically for parents, allowing them to visit their children in the United States regularly and for extended periods.
Interestingly, the abundance of relatives trying to enter the United States has led to some waiting 30 years for approval. This was revealed in a study by the Heritage Foundation, which calculated that “chain migration” could lead to 100 million relatives of immigrants moving to the United States over the next 20 years (for comparison, the U.S. population is 300 million people).
The law also proposes abolishing the U.S. visa lottery DV (Green Card Lottery), which is held annually. The lottery randomly provides 50,000 visas for permanent residence and work in the United States, which is the first step toward U.S. citizenship. In recent years, citizens of Russia, China, Great Britain, Canada, India, Mexico, South Korea, and several other countries that have sent large numbers of immigrants to the United States have been excluded from participating. More than 5.5 million people participated in the DV-2007 visa lottery. Of these, 82,000 representatives from 175 countries received letters allowing them to apply for visas.
In addition, the law provides for strengthening security at the U.S. southern border, through which the majority of illegal immigrants enter the country.
Public opinion polls show that Americans have mixed feelings about various provisions of the new immigration legislation. For instance, a poll by NBC and the Wall Street Journal found that 44% of U.S. residents overall like the idea of issuing temporary work visas, while 41% dislike it. And 38% of Americans polled by Gallup said that in its immigration policy, the U.S. should primarily seek to attract educated and skilled immigrants. Another 49% believe that preference should be given to those who have relatives in the U.S. Only 14% favor deporting illegal immigrants without the right to return. 42% believe that illegal immigrants should leave the U.S. to return on legal grounds (as the new law provides), and 36% are convinced that illegal immigrants should have the right to legalize without leaving the U.S. A CNN poll showed that 80% of Americans approve of the idea of legalizing illegal immigrants and eventually granting them citizenship (opposed - 19%). 45% approve of manufacturing fences along the U.S.-Mexico border, while 50% are against it.
Currently, this law is being discussed in the U.S. Senate, and it is quite likely that serious changes will be made to it. If the Senate approves the law, it will come into force after being signed by the president.