BACKLOG REDUCTION: A recapture of unused employment-based visas from fiscal years 1992-2008; allowance for future unused visa numbers to roll over to the next fiscal; exemption of spouses and children from the annual cap; increase in the per-country limit; and ability to file for Adjustment of Status before a visa number is available by paying a supplemental fee of $500 (though the visa cannot be issued until a visa number is available, the filing can allow for work authorization, travel authorization and maintenance of status).
WORK VERIFICATION: Makes E-verify work verification application to all employers; phases-in the system to make it applicable to all workers (current employees and new hires); creates additional penalties for an employer’s failure to follow the E-verify program
H-1b AND L-1 VISA PROGRAM: Creates requirement for employers to attempt to recruit U.S. workers before it can apply for an H-1b; increases penalties for H-1b violations; and creates penalties for L-1 violations
Rep. Gutierrez said, “We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President. The time for waiting is over.”