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

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The 212(a)(9) three and ten year bars are altered. They will no longer apply to aliens whofile for H nonimmigrant petitions and who have earned a bachelors or higher degree from aUS institution of higher education and who entered the US initially before the age of 16.The section also broadens waiver possibilities by considering hardships to those who are theparents of US citizens or green card holders. Hardships no longer need to be “extreme.”212(a)(C)(i) which imposes a ten year bar on readmission for someone who remains in theUS for more than a year unlawfully will now get the same exceptions as in 212(a)(9)(B).212(a)(6)(C) now adds a new provision that bars admission if one has committed fraud orwillfully misrepresented a material fact when seeking to procure a visa or admission to theUS. The current permanent bar based on false claims to US citizenship is modified to excludeclaims made before the age of 18 or where the person lacked the mental competence toknowingly misrepresent a claim of US citizenship. A new waiver is available if theinadmissibility would result in extreme hardship to the alien of to the alien’s parent, spouse orchild who is a US citizen or green card holder or in the case of a VAWA self-petitioner, therewould be a significant hardship. No judicial review is permitted for such waiver applications.*****Section 2315. Continuous Presence.In cancellation of removal cases, the provision that stops the clock on counting continuousresidence when a person commits an offense under INA Section 212(a)(2) is removed.*****Section 2316. Global Health Care Cooperation.DHS will allow aliens and derivatives to reside in “candidate” countries and get credit towardnaturalization residency time if they are working as a physician or other health care worker.Candidate countries are those determined by the State Department to meet variousdevelopment criteria. Applicants must have already received a green card. This section won’ttake effect until regulations are issued and these must occur within 180 days afterenactment of the law.Physicians and other health care workers are inadmissible unless they submit an attestationthat they are not seeking to enter the US during a period when they have an obligation totheir home country. Obligation is defined to mean receiving financial assistance to defraythe costs of education or training to qualify as a physician or other health care worker inexchange for agreeing work in the alien’s country of origin or residence. Waivers arepermitted if the applicant can show the obligation was incurred by coercion, a settlementwith the home country has been reached or there are extraordinary circumstances includingundue hardship.This section takes effect after 180 days from the bill enactment.*****Section 2317. Extension and Improvement of the Iraqi Special Immigrant Visa Program.
Calls on DOS and DOD to improve the efficiency of handling these applications and toadjudicate the cases within nine months.Limits the benefit to those employed on or after 20 March 2003 for a year or more. Extendsthe benefit to those who worked for entities closely associated with the US mission in Iraqthat received US government funding.An appeal process is created for denied applicants.*****Section 2318. Extension and Improvement of the Afghan Special Immigrant Visa Program.Now applicable to those present in Afghanistan on or after 7 October 2001 for at least a yearor employed by the US government or a media or nongovernmental organizationheadquartered in the US or an organization closely linked to the US mission in Afghanistan.The benefit extends to family members. Denied cases may be appealed. There is a limit of5,000 per year for FY 2014 to 2018 plus unused numbers from 2009 to 2013. Unusednumbers will now be carried forward. Applications need to be adjudicated within 9 months.*****Hirono Amendment 1Adds a new Section 2320 entitled “Reunification of Certain Families of FilipinoVeterans of World War II”Aliens who are the sons or daughters of a citizen of the US and have a parent(regardless of whether the parent is living or dead) who was naturalized under Section405 of the 1990 Immigration Act or title III of the 1940 Immigration Act are exemptfrom green card caps.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 2319. Elimination of Sunsets for Certain Visa Programs.The EB-4 special immigrant category for religious workers who are not ministers ispermanently reauthorized. The EB-5 regional center program is permanently reauthorized.******
Page 4: Section 2301. Merit-Based Points Tr
Page 7 and 8: Section 3601. Definitions .........
Page 9 and 10: Subtitle C - L Visa Fraud and Abuse
Page 11 and 12: Section by Section Summary of the B
Page 13 and 14: Within 180 days of passage of the b
Page 15 and 16: *****Section 1102. Additional US Cu
Page 17 and 18: Section 1108. Southwest Border Regi
Page 19 and 20: - Identify areas where individuals
Page 21 and 22: Subtitle A - Registration and Adjus
Page 23 and 24: From the point where a person files
Page 25 and 26: and where the alien entered the US,
Page 27 and 28: *****Section 2103. The DREAM Act.Ad
Page 29 and 30: *****Section 2108. Government Contr
Page 31 and 32: Applicants must provide biometrics
Page 33 and 34: Section 2231. Nonimmigrant Classifi
Page 35 and 36: written disclosure of employment te
Page 37 and 38: Employers must offer US workers no
Page 39 and 40: Section 203(c) of the INA which cov
Page 41 and 42: 1. Employment-based immigrants with
Page 43 and 44: Amends Section 2305 which gives wor
Page 45 and 46: DHS may prescribe policy guidance a
Page 47: efugees and asylees. If an applicat
Page 51 and 52: ******Section 2405. Amendments to t
Page 53 and 54: Section 2537. Initial Entry, Adjust
Page 55 and 56: List of documents establishing empl
Page 57 and 58: Grassley Amendment 31Amends Section
Page 59 and 60: Provides immigration protection to
Page 61 and 62: Eliminates the requirement to apply
Page 63 and 64: Section 3501. Shortage of Immigrati
Page 65 and 66: Amends Section 3602. Regarding disc
Page 67 and 68: *****Section 3611. Rule of Construc
Page 69 and 70: *****Section 3702. Banning Habitual
Page 71 and 72: Closes a loophole allowing certain
Page 73 and 74: All detention facilities will be in
Page 75 and 76: Blumenthal 8Adds a new Section 3720
Page 77 and 78: orders impacting custody of their c
Page 79 and 80: The Hatch amendment makes changes t
Page 81 and 82: The look back/forward provision exp
Page 83 and 84: *****Section 4224. Information Shar
Page 85 and 86: Subtitle C - L Visa Fraud and Abuse
Page 87 and 88: *****Section 4310. Application.The
Page 89 and 90: Section 4406. Nonimmigrant Elementa
Page 91 and 92: E, F-1, F-2, H-1B, H-1C, L, O, P, V
Page 93 and 94: [ADDS BUSINESS VISITOR RULES AS WEL
Page 95 and 96: The Commission’s methodology for
Page 97 and 98: Valid for initial 3 year period. Ma
Page 99 and 100:
- The kinds of commercial investmen
Page 101 and 102:
poverty area. People who invest in
Page 103 and 104:
The section takes effect one year a
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Section by Section Summary of the Border Security ... - Siskind, Susser

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