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President's Proposal Regarding Guest Worker Visas
James M. Tyler, Esquire
(215) 587-0160
Many of my clients have asked me about the new "amnesty" program recently announced by President Bush. In fact, the proposal is not an "amnesty" program and it is also just that, a proposal. It is not the law yet. Even if the proposal eventually becomes law, many of the law's details may be different than what is now being proposed; the details of the proposal will have to be worked out by Congress in future negotiations with the President. I want to provide you with the following summary of what was proposed by President Bush on January 7, 2004.
President Bush has proposed to give legal status to approximately 8 million illegal immigrants who are now estimated to be in the United States. The proposal would provide a way for illegal immigrants, who can show they have employment, to work legally, although temporarily, in the United States. This new "temporary worker program," would also include people who are still in their native countries but who have a job lined up in the United States.
President Bush also proposes to increase the nation's yearly allotment of green cards that allow for permanent U.S. residency. However, he did not say by how much. Right now, around 1 million green cards a year are issued although just 140,000 of them are employment-based.
The President also proposes that a workers' first three-year term in the program be renewable but he didn't say for how long. He also didn't set the fee that workers would have to pay to apply for the program and he didn't say how the government would enforce the requirement that no American worker wants the job the foreign worker is taking.
Importantly, he did not say how the program would allow illegal immigrants access, which they do not now have, to the process of applying for permanent U.S. residency. The proposal is, however, that workers accepted into the temporary program could immediately begin applying for a green card with an employer's sponsorship. Although these workers would get no advantage over other applicants, an illegal immigrant who attempted to apply now would almost certainly be placed in removal proceedings. If permanent residency was not granted before the worker's term was up (which is a likely outcome given the long backlog of applicants and the relatively small percentage of applicants who receive green cards each year) the person would have to return to his or her home country to apply from there. In that case, it is possible that certain bars would apply that might prevent the worker from re-entering the United States for anywhere from three to ten years.
While in Mexico on Monday January 12, 2004, President Bush acknowledged that most "temporary workers" would eventually have to leave the United States under his proposal. He said that he "expects that most temporary workers will eventually return permanently to their home countries" after their work period expires.
Here are the highlights of the President's proposal:
• The new "temporary worker program" would allow one of the estimated 8 million illegal immigrants already in the United States or someone abroad to apply for the right to work legally in the country for a three-year term that could be renewed. The White House is not saying how long the term could be extended or how many times it could be renewed.
• An applicant for the program already in the United States must pay an unspecified registration fee and show they are currently employed. Applicants still in their home countries won't have to pay a fee, but must have a job lined up.
• The employer must show no Americans wanted the job.
• Temporary workers would get all the same protections afforded American workers.
• The worker must return to his or her home country at the end of the term.
• Dependents of the temporary workers would be allowed in the United States if the worker can prove they can support their family.
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