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

DHS may prescribe policy guidance and rules to carry out this new section including adefinition of “Federal national security, science, and technology laboratories, centersand agencies.”After a year, these employees are eligible for naturalizing without regard to theresidence requirements.Creates a new un-numbered section entitled “Conditional Permanent Resident Statusfor Certain Employment-Based Immigrants”.Employees of federal labs who get a green card on that basis will get a conditionalgreen card for two years. The conditions can be removed if the employee documentsthat he or she met the requirements noted in Section 2307. Applicants are to beinterviewed.Coons Amendment 3Creates a new section 2320 entitled “Special Immigrant Status for Certain SurvivingSpouses and Children”Adds a new special immigrant section for surviving spouses or children of anemployee of the US government killed abroad in the line of duty if the employee hadperformed faithful services for a total of 15 years, or more, and the principal officer ofthe Foreign Service establishment in his or her discretion recommends grantingspecial immigrant status and the Secretary of State approves the recommendation.This section takes effect beginning on 1/31/2013 and are retroactive.*****Section 2308. V Nonimmigrant VisasV non-immigrant visas are now available to the new Family-based 1A, 1B and 2 green cardcategories for adult married and unmarried children of citizens and permanent residents withapproved I-130s as well as siblings and married children of US citizens over 21 (based onhaving cases filed before the new law is enacted). Employment authorization is permitted forthese new V non-immigrants if they are in the new Family-based 1A, 1B and 2 categoriesbut not if they are in the old sibling and over age 30 married child categories and admissionto the US for these individuals is limited to 60 days a year on the V visa. The V visa statuswill terminate 30 days after the underlying green card or adjustment application is denied. Ifsiblings and over 30 married children enter on the V visa, they may not participate in themerit-based points green card system.V visa holders are not eligible for any means-tested public benefits as well as access tocertain sections of Obamacare.This section takes effect on the first day of the fiscal year beginning after the date ofenactment.Cornyn Amendment 8Creates a new Section 2308 entitled “Inclusion of communities adversely affected by arecommendation of the defense base closure and realignment commission as targetedemployment areas.”