In April 2013, the Senate ‘Gang of Eight’ released its proposal for overhauling our nation’s immigration system. Call the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (s.744), this bill proposes to eliminate the current immigration backlog, create new visa categories for high-skilled and skilled workers, overhaul our green card application system, and address the statuses of approximately 11 million undocumented workers in the United States. Although only a bill at this point, this is the first serious effort by a bi-partisan group to address the immigration program in quite some time. In this informative webinar, attorneys Murali Bashyam and Ame Coats will educate the public on the bill and what they can expect if it, or something similar, is ultimately passed by Congress and signed by the President.

1. What You Need to Know
About the New Senate Immigration Bill
May 22, 2013
Hosted by:
Murali Bashyam and Ame Coats
Bashyam Spiro & Coats LLP
www.bashyamspiro.com
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2. Outline
1. What is it?
2. Current Status
3. Remaining Steps
4. Major Provisions
Today’s Dialogue Map…

3. What is it?
Comprehensive immigration reform bill introduced by the
“Gang of Eight”: 8 senators—4 Democrats and 4
Republicans.
Focuses on:
• Securing borders
• Creating path to citizenship for foreign nationals who
are present in the US without authorization
• Prevent identity theft and unauthorized employment
through employment verification system
• Improve the process for admitting foreign workers to
the US

4. Current Status
Most recently, the bill and 300 amendments to the
bill have been under consideration by the Senate
Judiciary Committee. The Committee approved
the bill and 48 of those amendments last night.
Next, the bill goes to the Senate floor for debate
and eventual vote.

5. Next Steps
• Bill goes to the Senate for debate and vote.
• Once bill is passed by Senate, bill goes to the House of
Representatives. House can vote on Senate bill or it’s own
legislation.
•
• If House votes on its own immigration legislation, then House and
Senate must work together to reconcile bills. If not, both bills die.
• Once both the House and the Senate approve the same bill, then the
bill is sent to the President to sign.
• After the President signs the bill into law, then the Department of
Homeland Security has to figure out how to enforce it--border
security strategies first, then creating procedures, writing rules,
creating new units of adjudicators, training, writing new forms and

6. Border Security
Within 180 days of enactment, Dept. of Homeland Security required to
submit:
1. “Comprehensive Southern Border Security Strategy”
• New surveillance systems including surveillance/detection used by
Dept. of Defense
• Additional Border Agents
• Unmanned aircraft and aerial systems
2. “Southern Border Fencing Strategy”
Bill also provides funding for Border Security provisions and other types
of assistance such as authorization to deploy National Guard to the
Southwest border for fence construction and surveillance.

7. Border Security cont.
Border Security Implementation Tied to “Path to Citizenship”
1. No one will be granted “Registered Provisional Immigrant” (RPI)
Status until DHS confirms that the Border Security and Fencing
Strategies have been developed.
2. Most foreign nationals who obtain “Registered Provisional Status”
will not be eligible to apply for a green card until:
•Border Security and Fencing Strategies substantially deployed and
operational
•Mandatory employment verification system implemented
•Electronic exit system used at air/sea Ports of Entry

8. Employment Verification
•E-verify mandatory for all employers—to be phased in over a 5 year
period
•Photo matching systems—must present photo id that E-verify has
access to—work authorization card, green card, US passport, Driver’s
License if provided by state database, etc.
•Employees can “lock” their social security number in e-verify so that no
one else can use their number.

9. Registered Provisional
Immigrant Status
“RPI” Status
Criteria for Most Applicants:
•Residence in US prior to 12/31/2011
•Maintenance of Continuous Residence in US since 12/31/2011
•Pay $500 Penalty, accessed taxes, and filing fees
•Not eligible for certain criminal offenses
Benefits
•Employment Authorization
•Can travel outside the US
•Spouses and children in the US can qualify as derivatives
Other Details
•Application period for 1 year with possibility of extension
•Initial Grant for 6 year period
•Not eligible for federal means-tested public benefits

10. RPI Status to LPR Status
After 10 years Registered Provisional Immigrants can apply to
adjust to Lawful Permanent Resident Status through the new
Merit based system. (If RPI through DREAM Act or Agriculture
Program—only wait 5 years)
However: all of those currently waiting for green cards based on
the priority date system must have had an opportunity to apply
for their green cards.
Requirements
•Maintained continuous physical presence
•Paid all taxes owed while an RPI
•Worked in the US regularly
•Pass Civics and English Test
•Pay $1000 penalty

11. Major Changes to Current
Green Card System
• Backlog for Family and Employment-based immigrants
will be eliminated over a 10 year period
• Cuts the current family-based categories.
• Siblings of US Citizens are eliminated.
• Married adult children of USCs are allowed, but only if
under 31.
• Spouse/child of LPR will be treated like spouse/child of
USC (not subject to annual numerical limitation)
• Diversity Lottery Program eliminated.

12. Major Changes to Current
Employment-based Green Card Process
Eliminates annual numerical limits on the
following:
•Employment-based Derivative Beneficiaries
•Aliens with Extraordinary Ability
•Outstanding Professors and Researchers
•Multinational Executives and Researchers
•Doctoral Degree Holders in Any Field
•Certain Physicians

13. Annual limitation on the number of employment-
based immigrant visas (green cards) remains, but
allocation changes:
•40% to Advanced Degree Professionals (Arts Sciences,
Professions, Business) and Master’s Degree in STEM
with Offer of Employment
(5 Year Rule)
•40% to Skilled Workers and Professionals
•10% to Special Immigrants
•10% to Job Creators

14. Startup Visa Act
Geared Towards Job Creators
But Not Clearly Defined in Senate Bill
Creates employment-based conditional immigrant visa
(StartUp Visa) for a sponsored alien entrepreneur:
(1)With required amounts of financial backing from a
qualified investor, government entity, or venture
capitalist; and
(2) whose commercial activities will generate required
levels of employment, revenue, or capital investment.

15. Merit-Based Green Cards
Starts 5 years after enactment.
Point System that Considers:
1.Education
2.Employment
3.Length of Residence in the US and
4.Other considerations
•120,000 Immigrant Visa Numbers Per Year (up to 250,000
based on unemployment and demand)
•Similar to Canadian Landed Immigrant Visa System

16. H-1B Visas
By the numbers:
•Raises Regular Cap from 65,000 to 110,000 (Good Right?)
•Can go as High as 180,000 Based on Demand
•Master’s Cap from 20,000 to 25,000

17. H-1B Visas
Current Law—Lose Job, Lose Status
Senate Bill—60 day Job Transition Period
H-4 Work Authorization—(If sending country has
reciprocal law for US Citizens)

18. H-1B Visas
Higher Wages, Fees and Bans
•50 or More E’ees and more than 30%/less than 50% are H-1/L-1--
$5000 per additional worker
•50 or More E’ees and more than 50% are H-1/L-1--$10,000 per
additional worker
•2014–If more than 75% E’ees are H-1/L-1—No more sponsorship
•2015—65% and 2016—50%: No More Sponsorship
Recruitment Requirement—Must Advertise on DOL Website
for 30 days before Sponsoring H-1B Worker (Impact?)

19. W Visa
• For Lower-skilled Workers (Not Bachelor’s Degree Positions)
• Employers Must Register to Participate
• New Agency—Bureau of Immigration and Market Research
(Devise Cap, Position Methodology)
• Initial Period 3 Years; 3 Year Renewals; Spouse and Children
(Work Authorization)
• Cannot be Unemployed for over 60 days
• 30 Day Recruitment Requirement
• Cap—20,000 First Year Increasing Up to 75,000 in Subsequent
Years

20. Questions for us?

21. Thank You For Attending.
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