这是正在讨论的KENNEDY-MCGAIN BILL。

参议院将在下周对移民法改革方案投票表决，然后交参众两院的法律委员会讨论。通过后才能交总统签字生效。

虽然还有很长的路要走，但是大多数相关人士都认为今年夏天法案将获总统批准。

CONTENTS:

1. Reform of the Employment-Based Preference System

Almost lost among all the press reports about the comprehensive immigration reform bill now pending in the Senate is the most serious improvement of the employment-based (EB) preference system since the passage of the Immigration Act of 1990.

Our country s immigration system has always been organized in a way which favors persons with relatives already in the U.S., and which all but ignores the contribution of the prospective immigrant to American society. Prior to 1990, employment-based immigrants were limited to 54,000 per year. Half of this number was reserved for professionals (3rd preference) and the other half to nonprofessionals and unskilled workers (6th preference). Spouses and children of these workers were counted against the cap. Bottom line: Only 20,000 to 30,000 workers were permitted to immigrate to the U.S. annually.

The 1990 law raised the numerical cap significantly, to 140,000, but continued to count family members against the cap. The 1990 law grouped the EB immigrants into the following five categories: (1) 1st preference - priority workers (28.6%); (2) 2nd preference - persons of exceptional ability and those with advanced university degrees (28.6%); (3) professional and skilled workers (28.6%) with a provision by which unskilled workers could qualify for no more than 5,000 visas per year; (4) special immigrants including religious workers (7.1%); and (5) investors (7.1%). Numbers not used by EB-1 immigrants are available to immigrants in the EB-2 category while numbers not used by either the EB-1 or EB-2 immigrants are available for EB-3 workers.

The reality is that in today s growing economy, a professional in the EB-3 category must wait five years to obtain permanent residence and persons born in India and China face long lines even in the EB-1 and EB-2 categories. With over 300,000 applications for labor certification pending in DOL Backlog Elimination Centers and thousands of PERM applications either approved or in the pipeline, the situation is certain to deteriorate with the passage of time. Meanwhile, our country suffers from severe shortages in the following occupations: scientists, engineers, computer professionals, health care professionals (especially registered nurses, physicians, physical therapists and radiation technologists) and teachers.

The goal of the bill reported out of the Senate Judiciary Committee on March 27 is to fashion an employment-based immigration system that meets the needs of our growing economy. Our immigration system should continue to reunite families and to give haven to persons who would be persecuted in their native countries. However, it should also operate in our country s self-interest by allowing persons with needed skills to immigrate to the U.S.

The Senate bill would make the following improvement in the EB system:

• The numerical cap of EB immigrants would increase from 140,000 to 290,000 annually;
• Spouses and children of principal immigrants would no longer count against the numerical cap. This important provision would be retroactive to immigrant visas issued on or after October 1, 2004;
• Unused EB immigrant visas would no longer expire at the end of the government s fiscal year (September 30). In addition, the bill would allow unused immigrant visas dating back to 2001 to be "recaptured" and used now and in the future;
• Per-country limits would be increased from 7% to 10% of the worldwide numerical cap in order to ease backlogs for highly skilled workers born in populous countries (India and mainland China).

The EB preference system would be restructured as follows:

• 1st Preference (from 28.6% to 15% or from 43,500 to 40,000);
• 2nd Preference (from 28.6% to 15% or from 43,500 to 40,000);
• 3rd Preference (from 28.6% to 35% or from 30,000 to 101,500);
• 4th Preference - Immigrant Investors (from 7.1% to 5% or from 10,000 to 14,500);
• 5th Preference - Unskilled workers (from 5,000 to 87,000);
• Special Immigrants - Would still be limited to 10,000 immigrant visas per year, but would be exempt from the worldwide numerical cap.

The bill would exempt the following classifications of immigrants from all numerical caps:

• Persons of extraordinary ability;
• Outstanding professors and researchers;
• Persons with national interest waivers;
• Persons with advanced degrees in science, technology, engineering and math ("STEM") and three years experience working on a nonimmigrant visa in the U.S. in a related field. STEM applicants would qualify for more flexible special handling labor certification procedures;
• Registered nurses and physical therapists until 2017. Overall, the committee bill would overhaul the outdated employment-based preference system, insure that our country has access to the best and the brightest professionals from around the world, and would provide enough additional EB visas to eliminate the backlogs which have developed during the past year.

Please keep in mind that the committee bill is not final. The Senate is in the midst of debating the entire 478-page bill. A final vote is expected to take place within a week.

Then, a Joint Senate-House Conference Committee will meet behind closed doors in an attempt to reconcile the provisions of the Senate bill with the House s "enforcement-only" bill, H.R. 4437.

Finally, if both houses of Congress overcome their differences (which mostly revolve around the guest worker program and how to treat 10-12 million persons working illegally in the U.S.), a bill will be sent to President Bush for his expected signature.