Section by Section Summary of the Border Security ... - Siskind, Susser

Applicants must provide biometrics and go through background clearances. Duration ofstatus and extension.Blue cards status will only go out eight years from the date rules are published. Extensionsare only permitted unless the applicant passes a new background clearance.Applicants over 16 will pay a processing fee. A maximum fee for a whole family may beinstituted. Applications may be denied if the applicants fail to submit requested initialevidence or fail to respond in a timely manner to a request for additional evidence. But anamended application may be submitted with the missing items.Blue card recipients will receive a machine-readable, tamper resistant document with atamper-resistant document valid for the period of admission. It serves as a work/traveldocument.Blue card holders may not leave for more than 180 days unless the failure to return within180 days was due to extenuating circumstances beyond the person’s control.DHS may revoke the status of a blue card holder at any time after providing notice to theperson after all applicable review procedures have been conducted if the person no longeris eligible for blue card status, knowingly used RPI documentation unlawfully orfraudulently, or was absent from the US for more than 180 days (with an extenuatingcircumstances exception). DHS may request additional evidence or an interview beforerevoking.Blue card holders are not eligible for means-tested public benefits and various Obamacarebenefits. Blue card holders can convert to RPI status if DHS determines they cannot meetthe work requirements applicable to blue card holders.Blue card employers must provide a written report annually on their employment of theblue card holder. A $500 penalty is due if an employer fails to report.DHS must issue a rule within a year of the date of enactment for issuing blue cards.*****Section 2212. Adjustment to Permanent Resident Status.After five years DHS may adjust blue card holders to permanent resident status if theperson- During the 8 years beginning on the date of enactment of the bill, performed 100work days of agricultural employment during each of 5 years; or- During the 5 year beginning on the date of enactment, performed 150 work daysduring each of 3 years.Spouses and children can qualify as derivatives.DHS may credit the applicant with not more than 12 additional months to meet therequirement if they inability to work was based on a medical condition.Adjustment may be denied if DHS determines the person is no longer eligible for bluecard status or failed to perform the qualifying employment noted above.