An Update on the Proposed Guest Worker Program

There are currently four Senate Immigration Reform Proposals including, among other issues, a Guest Worker Program for persons present in the U.S. without a legal immigration status. Here are the proposals with a brief description of selected provisions related to a Guest Worker Program:

1. Sens. McCain/Kennedy (S. 1033)

This first reform proposal includes the following:

a. Creation of a new H-5B temporary nonimmigrant status with an initial period of stay of 6 years.

b. There is no change of status permitted during the 6-year period.

c. It proposes a path to Permanent Residence. The alien should apply for adjustment of status in the U.S. after completion of the 6-year work requirement and fulfilling additional eligibility requirements.

d. Workers who entered the country illegally would have to pay a penalty before entering the program.

2. Sens. Cornyn/Kyl (S. 1438)

This proposal bill includes new elements such as:

a. New Deferred Mandatory Departure (DMD) status , requiring participating undocumented aliens to depart the U.S. before seeking readmission as either temporary or permanent immigrants.

b. All participants are required to depart within 5 years, with incentives provided for earlier departures.

c. There is no path to Permanent Residence.

3. Sen. Hagel (S. 1916, 1917, 1918 and 1919)

This is an eclectic proposal containing elements of both McCain/Kennedy and Cornyn/Kyl Proposals:

a. It includes a new Earned Adjustment Program for undocumented aliens who meet certain requirements, including residence in the U.S. for at least 5 years preceding the date of introduction, and a minimum of 3 years employment in the U.S. preceding the date of introduction, and 6 years after the date of enactment.

b. It also includes a new Deferred Mandatory Departure (DMD) status for aliens who cannot prove the 5 year residency or 3 year pre-introduction work requirements for earned adjustment.

c. According to the DMD status approach, the alien will be required to return home and be readmitted as either a new temporary or permanent immigrant.

d. There is a path to Permanent Residence.

4. Sen. Specter Reform Proposal

This proposal is the last presented and it is similar to Sens. Cornyl/Kyl. It includes the following elements:

a. New Deferred Mandatory Departure (DMD) status, which requires participating undocumented aliens to depart the U.S. before seeking readmission as either temporary or permanent immigrants.

b. All participants are required to leave the country within 5 years, with incentives provided for earlier departures.

c. It contains a limited path to Permanent Residence. Employer Sponsorship is permitted but DMD participants must first leave the country and reenter, as well as comply with additional eligibility requirements.

There is still an ongoing debate on which provisions should be included or eliminated from the Immigration Reforms. If finally approved, this Guest Worker Program could directly benefit millions of individuals currently in the U.S. without a legal immigration status, allowing them to legalize their status and work in the U.S.

Our Firm will continue to closely monitor the advances on this critical issue and will provide further updates.

(01/30/2006)

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