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Disclaimer: Information on this web site are of general nature; for specific cases consult an immigration attorney of your choice. Thanks. |
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Current Immigration Laws
Current U.S. immigration law is based on the Immigration and Nationality Act of 1952 ("INA," codified at 8 U.S.C. §1101 et.seq.), which has been amended many times over the last 40 years. Following are some of the most important and recent amendments to the INA:
Legal Immigration and Family Equity ("LIFE") Act of 2000
At the end of the 106th Congress the LIFE Act was enacted as part of the Omnibus budget deal negotiated between Congress and the Clinton White House. The LIFE Act included five major provisions: · Temporary Restoration of Section 245(i): Temporarily restores Section 245(i) through April 30, 2001. (See section below on 245(i) legislation for discussion of Section 245(i).) · New temporary visas for spouses and children of legal permanent residents: Creates a new "V" nonimmigrant visa for spouses and children of permanent residents who have been waiting at least three years for their green card. Allows them to enter the U.S. and obtain work authorization while waiting for their green card to be issued. · New temporary visa for spouses of U.S. citizens married abroad: Expands the current "K" visa for fiancés and fiancées of U.S. citizens to allow spouses of U.S. citizens who are married abroad, and their minor children to enter the U.S. instead of waiting abroad for their green cards. · Relief for certain members of the "late legalization" class action lawsuits: Allows individuals who were wrongly denied the ability to file for amnesty under the 1986 IRCA law (see below) and who were members of three class-action lawsuits filed against the government to file new adjustment applications. Also allows their family members to stay in the U.S. and get work authorization. · Provides certain waivers and protections for applicants under the Haitian Refugee and Immigrant Fairness Act and NACARA: Allows the Attorney General to waive certain deportation provisions to allow otherwise-eligible individuals to apply for permanent residence under those laws.
H-1B Legislation -American Competitiveness and Workforce Improvement Act of 1998 ("ACWIA") and the American Competitiveness in the 21st Century Act of 2000 ("AC-21")
In 1998, the 105th Congress passed and President Clinton signed into law the American Competitiveness and Workforce Improvement Act ("ACWIA," Title IV, P.L. 105-277) to address the demand for H-1B professionals by increasing the cap from 65,000 (where it had been since 1990) to 115,000. ACWIA also added a requirement for domestic recruitment and a prohibition on laying off U.S. workers to employers that use a high percentage of foreign professionals, and required all employers sponsoring H-1Bs to pay a $500 fee to fund education and training programs for U.S. workers. The 106th Congress passed and President Clinton signed into law the American Competitiveness in the 21st Century Act (P.L. 106-313) in October 2000. AC21 increased the cap on H-1B visas to 195,000 for the next three fiscal years. The law also increased the ability of H-1B professionals to change employers once they are in the United States, increased the fee employers must pay to educate and train U.S. workers in technology occupations to $1000, and made some changes to prevent INS delays from hurting H-1B professionals who are applying for green cards. Finally, the law allows all available employment-based green cards to be issued each year, regardless of the nationality of the applicants.
Section 245 (i) Legislation -State Department Authorization Act of 1994 and Departments of Commerce, Justice and State, the Judiciary and Related Agencies Appropriations Act of 1997
Included in the 1994 State Department Authorization Act was a provision (Section 245(i)) that allowed for adjustment of status to permanent residence for persons who had fallen "out of status" upon payment of a penalty fee. This provision was set to expire in three years. In 1997, Congress decided to cancel the 245(i) program but allowed for "grandfathering" of individuals who had filed a petition or application for LPR status or who had a labor certification on file before January 14, 1998. The 1997 legislation also created a new §245(k) that allows certain employment-based visa applicants to adjust status in the United States as long as they have not been out of status for more than a total of 180 days.
Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA)
Provided for adjustment of status for all Nicaraguans and Cubans who were present in the United States since December 1, 1995 and provided for limited ability to apply for suspension of deportation for certain Salvadorans and Guatemalans who had applied for asylum before April 1, 1990, and for Eastern Europeans who entered the United States before December 31, 1990 and had applied for asylum before December 31, 1991. The law reduced the availability of employment-based immigrant visas for lesser-skilled workers by half and reduced the diversity visas by 5,000 to accommodate the new immigrants under this act.
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Law)
This law prevented lawful permanent residents from receiving most means-tested public benefits, including welfare, Medicaid, food stamps, supplemental security income (SSI), and others, regardless of their length of residence in the United States or their participation in the Social Security program. Allowed a sponsor's income to be included in calculations of income when determining need, and made the affidavit of support for immigrants legally enforceable. Since passage of this Act, subsequent laws have restored many benefits to legal residents who were in the United States at the time this law was enacted. This Act removed refugees from the overall immigration quotas (set in 1976 at 290,000 visas), and gave them a separate cap of 50,000 or more visas each year (to be set by the President). |
