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Wednesday, April 4, 2007

STRIVE Act of 2007 (also affects green cards, H1B visas )

Here is some news regarding the new law thats been introduced, which affects green cards, H1B visas etc.
[source MurthyDotCom]

Representatives Luis Gutierrez (D-IL), Jeff Flake (R-AZ) and other leading House Democrats and Republicans unveiled the STRIVE Act, a bipartisan comprehensive immigration reform bill, on March 22, 2007. The bill has been enthusiastically received by various governmental, public, and professional organizations, as it purports to provide a comprehensive solution to current shortcomings in the U.S. immigration policy. The full name of this proposed legislation is the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007.

Overview of the STRIVE Act

The STRIVE Act is a piece of comprehensive immigration legislation, much-awaited by almost all segments of U.S. society; ranging from undocumented workers to immigration enforcement agencies. It contains most of the provisions that were introduced in the U.S. Senate Judiciary Committee last year. In addition, it contains provisions that would ensure improvements to border security until any legalization of undocumented immigrants could begin, as well as new requirements that undocumented immigrants leave the U.S. in order to return in valid immigration statuses.

The STRIVE Act contains seven titles, which include border security, strengthening interior enforcement, more stringent employment verification requirements, a new worker program, protection of families, avenues for earned legalization for qualified, hardworking individuals, and various miscellaneous provisions pertaining to the immigration court system, relief for immigrant victims of the 9/11 attacks and facilitation of naturalization for members of the armed forces.

Provision for Migrant Workers

Among most prominent features of the STRIVE Act are a new flexible worker program that provides for legal status for migrant workers, a way for undocumented immigrants to earn legal status, elimination of backlogs in family and employment-based immigration, and strong border security. The STRIVE Act incorporates the DREAM Act of 2007 and AgJOBS of 2007. The DREAM Act of 2007 is legislation designed to provide for legalization for children of "illegal" immigrants. The AgJOBS Act of 2007 provides for immigration status for agricultural workers.

Elimination of Family- and Employment-Based Backlogs

Of particular interest to MurthyDotCom and MurthyBulletin readers is Title V, which is aimed at both the family- and employment-based backlogs. Its provisions are designed to assist highly-skilled workers to immigrate to the United States, as well as address certain shortage occupations, such as nursing. Included in the provisions are increases in both family- and employment-based visa numbers, as well as creating exemptions from the limits for certain highly-educated foreign nationals. It also proposes to change the current system of counting one visa number per person to allow for counting one visa number per family, in most situations.

H-1 Cap Exemptions

The bill also includes increased H-1 cap exemptions to help address the H-1 cap crisis. Included are unlimited exemptions for persons with U.S. advanced degrees, as well as exemptions for all non-profit organizations. Persons with advanced foreign degrees would also benefit by H-1 cap exemptions for those with degrees in science, technology, engineering, and math.

Current Posture of this Bill

It is important to note that the STRIVE Act has not yet become law, and is only just beginning the legislative process. As explained in our August 2, 2002 article, The Legislative Process - How a Bill Becomes a Law, available on MurthyDotCom, this is a complex and lengthy process. Legislation, even if passed, often takes on various amendments and changes by the time it is passed - if it is passed - into law.

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