Source: Daily News 365

Good:

1. Prohibits creation of a national identification card (this contradicts mandated E-Verify, see below).
2. “Recapture” of unused worked visas from past years for next fiscal year, including 309,500 H-1B visas for the next fiscal year.
3. Exempts several categories of highly skilled workers from employment based visa caps. This de-facto expands the yearly cap.
4. Removes backlog of visas by updating system and personnel augmentation.
5. Improves infrastructure at ports of entry to smooth immigrant entry and streamline inspection.

Bad:

1. H-1B and H-2B employers must show, through more paperwork, they tried to hire American workers.
2. Allows Department of Labor to conduct more onerous and expensive workplace inspections for H-1B, L-1, and H-2 visas than they already do.
3. Recreates EB-5 visa program to bring in immigrants to blighted communities. Why do this when we can just expand existing visa programs?
4. Gives grants to subsidize English, lawyers for immigrants, and other services. Immigrants can do this on their own, they don’t need government help.

VERY bad:

1. Title II creates a mandatory federal employment verification system (like E-Verify) that will eventually apply to ALL workers and new hires (including natural born Americans). The old E-Verify flawed and prone to errors. The new E-Verify will add new burdens, regulations, and fees on a labor market already under strain. If the goal is to “Europeanize” America’s labor markets, this is a great start. This will also lead to a national ID card because there is no other way to run such a system. There is no point in letting in more immigrants if U.S. laws severely restrict employers from hiring them.

Unnecessary:

1. EB-5 visa program to channel immigrants to blighted communities.
2. Most of the rest of the bill.

Amnesty (Title IV):

To gain legal status an undocumented (some say “illegal”) immigrant must:

1. Pass a complete criminal and security background check, and
2. Demonstrate commitment to the U.S. through employment, education, military service, or other community/volunteer service, and
3. Pay $500 fine (unless entered U.S. when under 16 years of age), and
4. Register for the draft, and
5. Meet English and civics requirements, and
6. Undergo a medical examination, and
7. Pay all taxes, and
8. Demonstrate residency in U.S.

Those who do not qualify do not get a work visa that can lead to other goodies like a green card. The penalty for lying on amnesty forms is up to 5 years imprisonment.

Read the rest of the story on Open Market

Related articles by Zemanta

• Microsoft praises bill to double cap on H-1B visas (infoworld.com)

Looking ahead to next year, it has become increasingly important that concerns about the economy not deter lawmakers from ensuring that reforms to attract and retain highly educated, highly skilled foreign nationals are included in comprehensive immigration reform legislation. Illegal immigration issues have dominated the debate, but the reality is that without addressing our broken legal immigration system, we will short-change ourselves in the long run. Keeping the United States a welcoming place for talented students and workers from around the world will be crucial to our economic recovery and our future ability to innovate, compete, and thrive in the global economy.

In an economic downturn, the temptation to lower the blinds and close the doors is strong. But in an age when work can be sent to other countries with the click of a mouse such an approach simply will not work. Many studies, and the experience of countless U.S. companies, have shown that hiring talented foreign workers boosts innovation and drives job creation. It also supports local economies. Foreign-born professionals buy cars and houses and pay tuition for their kids. At our universities, they teach our students, helping us develop our own talent pool for the jobs of tomorrow, and they collaborate with our faculty in the sciences, medicine, and other important fields. Turning away people with the skills our country needs denies us a much-needed resource to support our economic recovery. No country can be an island in the global economy – not even one as large as the United States.

Talented people from other countries often first come to the United States as foreign students. By the time they graduate from our colleges and universities, they have spent years investing in acquiring the best education in the world, generally in fields like engineering and the sciences, where they make up half to two-thirds of the graduate students. Some of these foreign graduates want to contribute their skills and knowledge in the United States, but increasingly they are going home or to other countries instead because our immigration system makes it too difficult for them to stay – even though it is in our interest to help them do so.

To keep them, and to attract other highly educated workers from other countries that U.S. employers need to fill key positions, we must do two things. First, the enormous backlogs and wait times that plague the green card system must be addressed, and there must be a better path to greencard status for those foreign graduates of our colleges and universities who wish to stay in the United States and whose talent and skills are important to our economy. Exempting from employment-based greencard quotas foreign students who receive a U.S. master’s degree or higher; eliminating the per-country limits that impede, in particular, Indian and Chinese professionals; and providing additional employment visas for backlog relief would constitute major steps in addressing this problem.

Second, we must maintain and improve the H-1B temporary visa system, the primary way for skilled foreign nationals to pursue employment in the United States. Today, H-1B visas serve as a way station for those who really seek immigrant status but are stuck in the long greencard line for 6 to 12 years. Fixing the greencard system will take pressure off the H-1B system, but we will still need a system that can accommodate temporary, high-skill workers. At the same time, where abuses exist with H-1B visas they must be addressed. We must realize it does not make sense in a global competition for highly educated and talented workers to turn away these individuals, many of whom will go to work for companies in other countries that directly compete with our own.

Any effort to address the question of what kind of immigration system the United States needs must begin with an understanding that the mobility of individuals and ideas across borders has profoundly changed. People today possess myriad options for study, employment, and life in countries across the globe. Many nations are aggressively recruiting high-skilled foreign professionals and students, adjusting immigration and work laws to create incentives for them. People, like technology and information, are crossing borders with unprecedented freedom and flexibility. Our immigration laws and visa policy must catch up to these new realities, and must support a climate that encourages the contributions of foreign talent. In the global economy, our future depends on it.

About The Author
Marlene M. Johnson is executive director and CEO of NAFSA: Association of International Educators in Washington, D.C.

Stuart Anderson Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003.