Immigration Reform – Pending Legal Immigrants (Part III)(clarification)

***Clarification: These are my proposals! Many of these things are NOT part of the current bill! This also applies to Parts I and II***

Pending Legal Immigrants (Part III)

This is designed for those already standing in the immigration lines now and in the future. These applicants will not qualify for the X visa (Part II). These provisions may be immediately implemented regardless of the progress of enforcement actions (Part I).

Streamline the process – we need to make legal entry (work visas, student visas, etc) much easier, especially when it comes to countries that don’t pose a threat or have populations which may pose a threat to the nation. This is a broad statement and will take someone more knowledgeable about the intricacies of the system to provide details on how to do this. I’ve had friends and family enter legally but I simply don’t have a sufficient knowledge of the system to make specific suggestions – I just know it is a long, difficult, tedious process. Likely, more consular officers will need to be hired.

Numbers – Again, this will be very tough to designate (need someone more knowledgeable than I). Preferably, the number would be fluid and self-regulating (indexed to economic demand, other factors, including how rapidly they are assimilated in the country). The Secretary of DHS would be given authority to reduce or cease issuance of ‘traditional visas’ (ie not the new X, Y etc visas). Congress would have to approve increases in visa numbers or alter indexing methodology and would retain the authority to over-rule the Secretary of DHS.

Work visas – employers must request these (I believe that is the current system) and provide health insurance (or a health bond) for the immigrant. Again, streamline this system (see “Staffing Services”)

Y visas – the guest worker system. Employers would have to request such visas and provide insurance or a health care bond for their worker. Additionally, these employers must post an immigration bond for each Y visa recipient they employ (cover enforcement costs, should the recipient overstay the visa etc).

These visas would be limited to non-technical and non-professional agricultural, industrial, landscaping, and construction etc fields.

These visas will not have a path to citizenship, but may be taken into account should a traditional work/other visa (with a path to citizenship) be applied for.

The ‘sticky wicket’ here is to find a way to balance employer demands with labor availability in the US (ie the employer isn’t requesting Y visas, left and right to artificially drop labor costs and engage in an unfair business practice). An index for the minimum Y visa labor wage for each Y visa labor/industry category may fit the bill here (employers would have to match the min wage).

Application violations (eg declare a general ag category for the lower wage when the job is in a higher labor cost category) would also carry a substantial fine which would go to DHS and DOJ/FBI for security and enforcement programs.

Y visas shall be valid for no longer than 6 months with an extension for an additional 6 months, at the employer’s discretion. Extensions are limited to a single extension, thereafter, the immigrant must return to their country of origin. Once employment with a single employer ends the employer must inform DHS or the issuing Staffing Service, the Y visa recipient must return to their home country or, if time remains on the visa, have it transferred to another employer (who must also post/transfer the bond).

Y visas will not be available in countries with Jihadi networks or countries with regimes of concern as designated by the US Department of State.

Current illegal immigrants shall not qualify for a Y visa without first obtaining a Z visa. If found to have been here illegally and obtaining a Y visa, the Y visa shall be revoked and the immigrant deported.

Finally, no company shall be established who’s sole purpose is to request Y visas (ie they don’t actually hire anyone, they’re just trying to filter people into the country with no real job). Engaging in this practice will also result in a substantial fine and possible prison time under human smuggling statutes.
(Note: I am not requiring employers to, first, look for a US worker – they need to hire those best for the job and shouldn’t be the government’s de facto welfare agency).

Overstay threshold – if Y visa holders overstay the visa timeframe (ie become illegal immigrants), they will be disqualified from Y visa issuance in the future. In addition, if Y visa overstays exceeds 10,000, Y visa issuance shall cease until such time as the number of overstays is cut in half.

Health care coverage
– violation would result in a fine of $10,000 per uninsured employee. Typical coverage would have to consist of a catastrophic insurance policy (as used with Health Savings Accounts). The health bond would be a yearly calculation of the average health care cost for the average legal US worker (out-of-pocket, without insurance, and paying for the full cost of care). Non-essential emergency services and doctor visits would draw from this bond. Funds gained from violations would be split between DHS enforcement and a fund to reimburse hospitals and health care providers for uninsured patients (the latter may not be feasible based on administrative costs etc).

Staffing Services – Private companies may be licensed and audited by the US government to process Y visa applications (essentially, a middleman function speeding the process) and extensions. Such companies may take requests from US companies and match up applicants. They would also be responsible to run background checks etc and may charge their own fees in addition to established Y visa processing fees the US government may require of them. The US government will retain the right to revoke licenses from such businesses and pursue fines/criminal prosecution as well as conduct unannounced record etc audits. The US will also retain the issuance of tamper resistant IDs. Further, such businesses will be given a 10% share of the fine if they alert the US government to employer violations (I think this is legal…).

Bond companies – these too, may be established to handle health care and immigration bonds. They would also be given a 10% share of fines for reporting employer violations (I think this is legal…). The US would also retain the right for unannounced record audits etc.

Student visas – no changes other than the streamlined process

Chain immigration – I think the current reform bill addressed this well (I hope my memory is correct). If not, a point system should be established to determine the likelihood of a family member being a burden to the US and preference given to those who will contribute. Points should also be given based on how closely the petitioner is related to the prospective immigrant.

Asylum – give authority to Congress and the Secretary of DHS to grant asylum visas to certain countries (I think this is the current system).

Social services – legal immigrants would have no rights to government social services (current law, I believe).

ID – provide a tamper resistant ID for all visa types

Background checks – would be required prior to visa issuance. Cooperative agreements would have to be established with the countries the immigrants originate from (this may already be the case). In addition, those with visas would have an additional background check if they apply to extend their visa and/or apply for a new visa. Failing a background check (felonies and egregious misdemeanors including drunk driving etc) would terminate the visa and result in deportation or rejection of the application. Countries with Jihadi networks or other organizations or regimes of concern will require a more in depth background check.

An aside: I would very much like us to, finally, address ‘anchor babies’. I would love an amendment that would allow us to only designate a child as a citizen if they are born here to a current citizen (mother or father), legal permanent resident, or legal immigrant on a visa other than a temporary guest worker visa or tourist visas etc. This would have to be a Constitutional Amendment, however.

Immigration Reform Enforcement and Security (Part I)
Immigration Reform – Legal Immigrants (Part II)

UPDATE: Lowered Overstay threshold to a more manageable level for enforcement.


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