| [ USA ] in KIDS 글 쓴 이(By): sjdoh () 날 짜 (Date): 1995년11월26일(일) 03시59분51초 KST 제 목(Title): Immigration Legislation For your information... I received following e-mail from the Office of International Education in CMU. ------------------------------------------------------------- Dear Foreign Students, You may have already been hearing of a new immigration reform bill which was introduced into the U.S. Senate by Senator Alan SImpson on November 3rd. This bill would greatly impact foreign students and researchers in the U.S. The bill is up for discussion in the Senate again on November 29th. Some of the proposals in the bill include: A. Foreign students: 1. fees (up to $100) for the I-20 2. limited ability to extend stay beyond original time projected for the degree 3. increased tracking of the activities of foreign students (initially for specific countries) 4. increased notification/informing responsibilities for the school B. H-1B Foreign Scholars: 1. elimination of ~dual intent~; individuals would have to prove they have no intention of immigrating 2. maximum of 3 years 3. annual fees required of employers equal to percentage of employee~s total compensation package (1 yr = 5%, 2 yrs = 7.5%, 3 yrs = 10%) 4. fines for employers who don~t pay the fee 5. employer must decrease number of foreign nationals by 10% over a 2 yr. period 6. at least 2 yrs. of post-degree experience outside the U.S. required before an individual can apply for H-1 status I am enclosing a more detailed summary of the provisions of the bill which would impact foreign students, researchers, and professors which was prepared by NAFSA: The Association of International Educators. You may want to pass this on to anyone who is concerned with foreign student and/or foreign scholar issues. Thank you and Happy Thanksgiving! Linda Melville ------------------------------------------------------------------------- MEMORANDUM DATE: November 8, 1995 (2:00pm Eastern) TO: NAFSANet Users FROM: NAFSA Government Relations Department RE: Summary of Simpson Immigration Bill (NAFSA Update No. 345) ================================================================= Following is a detailed summary of the provisions which impact international education that are in the Immigration Reform Act of 1995 (S.1394). A markup of this bill may occur as early as next week. NAFSA is now turning to preparing advocacy materials that you can use on campus to advocate against the draconian provisions of the bill. Those materials will be posted shortly. ================================================================ =========== Summary of Key Provisions of S.1394 ================ ================================================================ "Immigration Reform Act of 1995" (as introduced by Senator Simpson November 3, 1995) Summary of Provisions Impacting International Education November 8, 1995 I. Foreign Students. A. Adds new section (~214(l)) to Immigration and Nationality Act titled "Admission of Student Visa Holders." 1. Student shall be admitted for period of study "at the specified academic level." 2. Student shall be expected to makke "normal progress" toward obtaining his degree. 3. Attorney General may grant "limited extension of stay" to allow student to complete studies beyond the period "normally required." B. Changes in definition of "students." 1. Access to language programs. Students seeking English language training lasting less than six months shall enter on visitor visas (~101(a)(15)(B)) and not student visas (~101(a)(15)(F)). 2. Public primary and secondary schools foreign students would no longer require a student visa; private primary and secondary school foreign students, however, would. C. Pilot Program for Tracking Foreign Students. 1. By January 1, 1998, Attorney General and Secretary of State shall jointly develop and conduct a pilot program to collect electronically data on select students. 2. Pilot program shall cover nationals of at least five countries (or any more the Attorney General and Secretary of State may designate). 3. All of the following information must be collected: a. Whether an alien applying for an F, J, or M visa has been issued an I-20 by an approved academic institution, and the name of that institution. b. The date and place the visa was issued, the category of visa, and the college/university for which the visa was issued. c. Whether the alien is enrolled in an approved college/university, and the name of that institution. d. The student's current campus address. e. Whether the student is in "good standing" at an approved institution, is pursuing a full course of study, is making "normal progress" toward a degree, has withdrawn/been expelled/suspended/placed on academic probation/has transferred/graduated/or attendance has otherwise terminated. f. Whether the alien has been expelled/suspended/placed on academic probation/subjected to other disciplinary action as a result of being convicted of a crime. 4. Information will be shared with U.S. embassies/consulates and INS officers. 5. The Secretary of State shall impose and collect a fee on all F, J, and M visas issued; the Attorney General shall do likewise on all changes of status to such classifications. The fee will begin on April 1, 1997, and will initially be limited to no more than $100. Funds collected shall be used to pay the costs of carrying out this pilot program. 6. A joint report by the Secretary of State and Attorney General will be required not later than five years after commencement of the pilot program. 7. Not later than six months after completing that report, the program will begin to be expanded to cover the nationals of all countries, with all foreign students subject within one year of the report's submission to Congress. The fee may be revised at any time after this report is submitted. 8. Information to be collected will be provided by colleges and universities as a condition of their approval to participate in the foreign student program. If a college/university refuses to participate, they will not be able to issue I-20s. II. H-1B Provisions. A. Eliminates "dual intent" for H and L nonimmigrants; they will once again have to establish they are not intending immigrants before being allowed to enter the U.S. B. Maximum validity of H-1Bs limited to a total of three years (instead of the current six). C. New fee required by employers (which aliens cannot be assessed by employers) to be paid into specially designated private sector funds dedicated to increasing the competitiveness of U.S. workers and reducing employers reliance on foreign workers. 1. Fee will consist of a percentage of the alien's annual compensation (including wages, benefits, and other compensation). 2. Year 1 = 5 percent; Year 2 = 7.5%; and Year 3 = 10 percent. 3. Employers who do not pay the fee will be subject to a civil penalty of $5000 for each violation, payment of the late fee, and disqualification for one year from petitioning for any immigrant or nonimmigrant workers. D. Attestation Changes. 1. Wage Level Terminology. a. Term to be modified from "wages" to "compensation (including wages, benefits, and all other compensation)". b. "Actual Wage" redefined as "100 percent of the prevailing level of compensation" (including benefits, etc.). c. "Prevailing Wage" redefined as "105 percent of the prevailing level of compensation" (including benefits, etc.). 2. No Layoff Attestation Required. a. No layoff of other workers with substantially equivalent, or greater, qualifications (including experience) within 6 months preceding the date of filing the LCA, unless the employer pays actual compensation of at least 105% of the arithmetic mean of the highest compensation earned by such laid off employees. b. No layoff within the 90 days following filing the LCA, unless same requirements as above are met. c. "Laid off" defined as meaning the employee's loss of employment other than a discharge for cause or a voluntary departure or voluntary retirement. 3. Recruitment of U.S. workers attestation required. 4. Steps to end dependence on foreign workers attestation required, including the following: a. Operating a program of training for existing employees (or funding employees' participation in such programs elsewhere). b. Providing career development programs. c. Paying U.S. workers compensation that is equal to more than 105 percent of the compensation paid to persons similarly employed in the geographic area. d. Providing facilities and services to increase to productivity of U.S. workers, in order to decrease the number of aliens who are needed. e. Providing reasonable opportunities for meaningful increases in compensation to U.S. workers. Employers must decrease by at least 10 percent in two consecutive years the percentage of his total number of nonimmigrant workers. E. Experience Requirement: At least 2 years experience must be obtained outside the U.S. after obtaining the most recently received degree before an alien can obtain an H visa. F. Prevailing Wage Determination: Shall not be considered to vary depending on the characteristics of the employer (including whether or not the employer is an institution of higher education), except where the Secretary of Labor finds that working conditions or the functional requirements of the job warrant such a distinction. III. Employment-Based Permanent Immigration. A. Immigrants Exempt from Labor Certification. 1. Up to 90,000 aliens with "extraordinary ability," including but not limited to professors and researchers, provided a. They have extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim and their achievements have been recognized in the field through extensive documentation. b. Or they have the potential for this achievement that has been shown through extensive documentation of their record over a 10 year period after the completion of formal education or training, including their receipt of internationally recognized prizes and the testimony of appropriate experts. They must also seek to continue work in the area of extraordinary ability and their admission must substantially benefit prospectively the United States. 2. Also exempt are multinational executives and managers, investors, and certain special immigrants (e.g. religious workers). B. Immigrants Subject to Labor Certification Requirement. 1. Aliens who are members of the professions holding advanced degrees. a. Alien must have three years of experience in the profession outside the U.S. after obtaining advanced degree or equivalent. b. Alien's services must be sought by an employer. c. Alien must pass an English literacy test. 2. Professionals with baccalaureate degrees. outside the U.S. after receipt of their degree. b. Alien's services must be sought by an employer. c. Alien must pass an English literacy test. 3. Skilled Workers. C. Repeals Diversity/Lottery Program. D. Conditional Residency Program. 1. Establishes conditional residency program (similar to what is in place for immigration based on marriage to a U.S. citizen). 2. Alien will be notified 90 days before the second anniversary of his obtaining his conditional status. 3. If alien no longer employed by same employer, or is not paid the attested wage, status will be terminated. 4. Waiver of this requirement after two years is available if the alien was not paid the attested wage, for reasons beyond the alien's control (including layoffs and business failure), or if employment ended due to unfair labor practice by employer. E. Eliminates Special Handling (currently found at ~212(a)(5)(A)(ii)). F. New Fee Required. 1. Employers must pay a fee equal to 25 percent of the value of the immigrant worker's annual compensation into a private fund certified by the Secretary of Labor. 2. The fund will be dedicated to increasing the competitiveness of U.S. workers and reducing the dependence of employers on alien workers. 3. This fee cannot be passed onto alien workers. G. Provides for Certifications of Shortages/Surpluses. NAFSA GOVERNMENT RELATIONS DEPARTMENT Andrew J. Prazuch, Director (andyp@nafsa.org) Matthew Schulze, Government Relations Analyst (matts@nafsa.org) Andrew Jacobson, Gov. Rel. Associate (andrewj@nafsa.org) Gail Ferrari, Public Affairs Coordinator (gailf@nafsa.org) Pearl Kruger, Administrative Secretary (pearlk@nafsa.org) 1UP5032 November 8, 199 |