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Comprehensive Immigration Reform ASAP Act of 2009 Introduced in Congress

December 19, 2009 Leave a comment Go to comments
Rep. Solomon P. Ortiz (D-Texas) and Sen. Robert Menendez (D-New Jersey) have introduced “Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009” legislative bill in the House of Representatives and Senate, respectively.  The legislative bill itself is 644 pages.  While there are a whole host of issues addressed in the bill, I skimmed through some portions of it and here are some points based upon my understanding of it:
 
  • Increases the Employment Based quota from 140K to 290K per year with recapture of past unused numbers.
  • Recaptures of Family Based unused numbers.
  • Immediate relative definition to be expanded to include imm family members of LPRs as well.
  • L-1 violations to be investigated by DHS
  • Mandatory L-1 employer audits on an annual basis.
  • Mandatory compliance audits of employers with more than 100 employees total and if 15% are L-1.
  • Prevailing wages for L-1 employees.  And mandatory Level 2 of OES wage for L1 positions.
  • Mandatory filing of W-2 evidence by employers with DHS on a yearly basis.
  • Money penalties of $10,000 per violation of H-1 or L-1 laws.
  • DOL to hire additional 200 staff to handle complaints, etc.
  • L-1B employees placement is tied to displacement of U.S. workers at client sites.
  • L-1B placement at client locations no more than 1 year unless DHS Secretary waives in writing stating that no U.S. worker is displaced. 
  • Restrictions on new office L-1s by requiring a long list of documents.  Sort of like RFE is etched in the law itself!!!
  • No discussion of H-1B quota increase or anything (at least to the extend I read).
  • And many more, which I could not get to yet. 

If you want to read the bill for yourself, click on the following link:

http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.4321:

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