We all know this poem — it expresses the identity of the United States as a declared immigrant nation. However, this popular poem engraved on the Statute of Liberty could be rewritten to say, “Give me only your educated, your skilled, your hardworking masses yearning to breathe but based on merit points, for a larger fee after you return to your home country. . . .”
As you probably know, we are in the midst of serious, hotly contested immigration reform, aka the Senate’s bipartisan immigration deal or bargain, including the newly-proposed Z visa and the merit point system. Please keep in mind that immigration reform is a bill, not the law. Legislation must be passed by the House of Representatives and U.S. Senate and signed by the President before it becomes law. When immigration reform becomes law, you will definitely hear about it.
(Note: It is final that certain immigration filing fees have increased dramatically as of July 30. For example: An alien married to a U.S. citizen wants to adjust their status to become a permanent resident; if filed on or after July 30, the total fees would be $1,285 compared to $585 if filed before July 30.)
The proposed new temporary worker visa called the Z visa is a probationary visa for those who entered illegally so that they can continue to work while a background check is completed. Once certain border-security requirements are met, a Z visa would be issued for four years allowing the holder to work in the United States and to make visits to his or her home country. If the holder of the Z visa meets certain conditions, (i.e. pay taxes) the visa could be renewed for another four years. After eight years (or second renewal), Z visa holders can apply for a green card if they pay an additional $4,000 fine, complete certain English language requirements, return to his or her home country to await processing while the current backlog clears, demonstrate merit under the merit-based system, and maintain health insurance to qualify for adjustment of status to permanent residency. Only those illegal immigrants who arrived prior to January 1, 2007 can apply for this visa, and the current proposed cap on the number available was slashed from 400,00 to 200,000.
So what is wrong with this program? The points-based “merit” system proposed by the Senate is a radical departure from our existing immigration system. It would virtually eliminate the relationship-based format we now use (where employers and family members sponsor individuals to come here) and replace it with one based on points awarded for certain characteristics like age, education, and English proficiency. Earn enough points, and you can apply for a green card.
Simply put, this is not a solution to the problems plaguing our immigration system, nor does it comport with the values upon which our country was built. Such a system has some superficial appeal, but scratch the surface and it becomes clear that this revolutionary overhaul is an exercise in social experimentation on the grandest scale.
The merit system has some problems:
1. It revamps the foundations of our immigration system — foundations that have been historically based on employment or family-based relationships.
2. It lumps all immigrant workers into a single pool, whatever the skill level, leaving certain industries without necessary manpower.
3. It empowers the government to take over the role of employer in selecting who is best for jobs and filling labor gaps, thus compromising labor flexibility. High-skilled industries, for instance, may be left without workers to fill specific positions.
In sum, instituting a merit system is a shortsighted “fix” with few long-term benefits and many deleterious consequences. A radical immigration overhaul, such as the merit system represents, deserves far more than the cursory review and blanket approval.
The answer, however, cannot be easily reached, and immigration lawyers do appreciate the efforts of their government as they wade through necessary immigration reform.
“Immigration reform is a very complex issue and although some of the features of the proposed immigration system are not adequate to meet our needs, it is significant that the President and Congress have acknowledged that the status quo is unacceptable, and they are making efforts to craft a bill that provides for comprehensive immigration reform,” said Giselle Carson, an immigration attorney with Marks Gray.
Maria Aguila is a sole law practitioner who practices immigration law, fair housing, landlord/tenant, and real estate. She is a member of AILA, President of the Jacksonville Asian American Bar Association, a member of the Jacksonville Asian American Alliance, and a member of the First Coast Asian Chamber of Commerce. She also teaches legal writing at Florida Coastal School of Law. She may be reached at (904) 638-1338.
(Disclaimer: This article presents general information about immigration reform and is not intended as legal advice, nor should you consider it as such. You should not act upon any information contained in this article without seeking professional advice from a lawyer licensed in your state or country.)