Essential Worker Immigration

Laura Foote ReiffBusiness Immigration Group

Greenberg Traurig, LLP1750 Tysons Blvd., Suite 1200

McLean, Virginia 22102703-749-1372 - Phone

703-714-8372- FaxReiffl@gtlaw.com

Greenberg Traurig

• Immigration Reform and Control Act of 1986 requires documentation by employers of all employees hired after November 11, 1986 – although facially valid documents may be presented, they potentially could be fraudulent

• Broad one-time Amnesty Program established

• No workable nonimmigrant vehicle to bring new employees into the U.S. – H-2B visa is inadequate

• Subsequent Immigration Acts in the 1990s: imposed restrictions/caps on H-1B nonimmigrant visas; implemented the 3 and 10 year bars to re-entry and saw the sunset of 245(i) adjustment

Background

Large Undocumented Population in the U.S.  

8-12 million people in the U.S.

60% are estimated to be Mexican

People are trapped in U.S. and cannot return

People are dying on the border trying to enter and re-enter

Greenberg Traurig

• Health Care NeedsLPNs CNAsNurses

• Restaurants

• Specified Manufacturing Jogs

• Roofing and Home Builders

• Meat Packing and Processing

• Hotels

• Landscaping and Nurseries

Job Growth in the Lesser-Skilled Service Sectors in the 1990s and 2000s

Greenberg Traurig

Pre - September 11, 2001

• Sustained negotiations with Mexican Government on Immigration Reform at Cabinet level

• Congressional interest in Immigration Reform

• Advocate groups and unions interested in reform 

Post - September 11, 2001 - Immigration Reform Collapse

• Immigration Reform put on hold

• Small concessions offered – 245(i) extension and H-2B reform

• 2006 Senate Immigration Reform Bill Passes

• 2007 Immigration Reform Collapses in the Senate

Immigration Reform Today – Administration

• White House Promises Latinos Reform in 2008• 2012 – Administration issues DACA Notice• 2013 – White is drafting a Bill

Immigration Reform

Greenberg Traurig

White House Principles

• The program will allow those already employed in the U.S. or anyone abroad to apply for the right to work legally in the country for a three-year renewable term. No decision has been made on the number of times it could be extended or how many times it may be renewed.

• An applicant for the program already in the United States must pay an unspecified registration fee and show he or she is currently employed. Applicants in their home countries will not have to pay fees, but must have sponsoring employers.

• Employers of potential applicants would not be sanctioned for sponsoring such an employee.

• Employers must show that no Americans want the jobs being applied for in the new worker program for those entering from outside the U.S.

• Temporary workers would get the same protections afforded American workers.

• Temporary workers would be provided opportunities for portability between jobs with a grace period to find another job.

•Workers must return to the home country at the end of the term and there will be incentives for them to do so including access to retirement benefits and new tax savings accounts.

• The workers would be allowed to move freely between the United States and their home countries. This would mean some type of exemption or waiver of the 3 and 10 year bars to re-entry.

• Permanent Residence Process is too long and there are not enough immigrant visa numbers.

• Spouses and children would be given derivative status.

• Congress would have to write legislation for the proposed changes to take effect.

Greenberg Traurig

Immigration Reform Today – Congress

• Congress begins to explore reform without White House involvement

• Senate Gang of 8 Scheduled to Release a Comprehensive sometime during the Week of April 15, 2013

• House Gang of 8 working on a Comprehensive bill

Greenberg Traurig

Pillars of Immigration Reform

• Border security

• Legalization

• Employment Eligibility Verification

• Temporary worker programs

Greenberg Traurig

What is going on now in Congress?

• Gang of 8 – House Republicans – White House

• Legalization

• Employment eligibility verification

• Temporary worker programs (W visa + H-2B visa)

Greenberg Traurig

Essential Worker Immigration Coalition

Business Coalition Founded in July 1999 (www.ewic.org).

EWIC is a broad-based coalition of national businesses and trade associations from across the industry spectrum concerned with the shortage of both semi-skilled and unskilled ("essential worker") labor. EWIC supports policies that facilitate the employment of essential workers by U.S. companies that are unable to find American workers.

Working with the White House, Congress, Hispanic Groups, Unions, Advocates and Religious Groups we are pushing an Employer’s Agenda on Immigration Reform

Greenberg Traurig

• We congratulate President Obama for raising the issue of comprehensive immigration reform, and we are encouraged by the interest his announcement is generating among members of Congress from both sides of the political aisle.

• We agree with President Obama that the immigration system is broken and needs to be fixed.

• We agree that to fix the system, we need to work together to address both the future flow of immigrants into the U.S., as well as undocumented workers who already live here.

• In taking a hard look at the legal channels available to present and future immigrants, we have a historic opportunity to create a fair and rational immigration system, so that migration is safe, legal, and orderly -- which would be good for our communities, our immigrants, our economy, our security, and our country.

• Those of us standing together today have different views on some aspects of the President’s proposal, but we are united today in our call to the leaders of both political parties to come together in a bipartisan fashion to enact balanced comprehensive immigration reform this year.

• The best way to pass comprehensive immigration reform in the Congress is with bipartisan support and with leadership from the Administration.

 

What We Think

Greenberg Traurig

• We call on the Obama Administration as well as Democratic and Republican leaders in the House and Senate to put good policy above partisan politics, and to work for reforms that are urgently needed.

• We recommend that the Administration and Congressional leaders from both parties come together to the table to increase the likelihood that a comprehensive bill with bipartisan support could be enacted this year.

• The devil is in the details. Let’s roll up our sleeves and get to work, and let’s resolve to get it right.

• Getting it right means crafting comprehensive legislation that lives up to our traditions as a nation of laws and as a nation of immigrants that reflects the American dream and serves the American economy.

• Many of us have made our views clear in other venues about the President’s proposal and other ideas. But that does not obscure the fact there is broad agreement on how to fix our immigration system and a common commitment to working together to get it done.

What We Think