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LEGISLATIVE UPDATE
S. 2586, the Immigration Services and Infrastructure Improvements Act of 2000, sponsored by Sen. Feinstein (D-CA) and introduced on May 18, 2000, would make significant improvements in INS processing times.  The bill would create a requirement that applications for immigrant benefits be adjudicated within 180 days of filing, and that nonimmigrant application be adjudicated within 90 days of filing.  It also calls for the elimination of the current backlogs within one year after the bill becomes law.  To make the processing improvement, the bill would create an Immigration Services and Infrastructure Improvements Account.  No funding amounts are specified in the bill, but it does call for adequate funding to be provided. 
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S. 2668, the Family, Work and Immigrant Integration Amendments of 2000, sponsored by Sen. Graham (D-FL), contains numerous long-sought improvements to current immigration law. 
It contains expansion of relief under the Nicaraguan Adjustment and Central American Relief Act.  Coverage would be extended from Nicaraguans and Cubans to also include Salvadorans, Guatemalans, Hondurans and Haitians.  It also would extend the application period until 2003. 
The bill includes provisions that would allow Liberian nationals who have been present in the US since January 1, 1999 to adjust their status to permanent resident.  
Numerous changes in employment based immigration are included.  Perhaps most important to those waiting for a current priority date would be a significant change in the per country quota rules.  Under the proposal, if in any calendar quarter there are more visas available than there are applicants, the visas would all be issued during that quarter regardless of any quota limitations.  The bill would increase portability of H-1B visas, allowing a person to begin work for a new employer when the application is filed rather than waiting for the application to be approved.  Also, it provides for an exemption from the six year limit on H-1B visas for those who have had a labor certification, petition for an immigrant worker, or application for permanent residence pending for more than one year. 
The bill would restore section 245(i), which allows people who have not maintained valid status while in the US to become permanent residents in some cases.  The rolling registry provision seen in other bills is also included, and would move the registry date to 1986 and then for five years keep the time necessary to qualify for the registry at 15 years. 
Changes would also be made to family-based immigration rules.  An additional 200,000 family sponsored immigrant visas would be made available.  
The bill would create new provisions for unaccompanied minor aliens.  First, they must be placed in facilities that are appropriate for children, meaning that they could not be housed with adults or delinquent juveniles.  Unaccompanied minors would be allowed to apply for adjustment of status after residing in the US for five years, or the child’s parent does not request their return or the Attorney General determines that the child would be subject to abuse if returned, and it is in the child’s best interests to remain in the US even though they do not qualify for asylum.  Minors in immigration proceedings would be appointed an independent guardian. 
States would be allowed to insure pregnant immigrant women and children through their Medicaid program and immigrant children would be allowed to participate in the Children’s Health Insurance Program. 
Finally, there is a provision that would prohibit the denial of a pending application for permanent residence by a spouse or parent as a basis for denying a student or tourist visa. 
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H.R. 4548, the Agricultural Opportunities Act, introduced by Rep. Pombo (R-CA), would create a new visa program, the H-2C, for agricultural workers, as well as a registry – a list – for agricultural workers available in the US.  
The registry would be organized so that each state has its own list.  It would include available US workers and their employment status.  An employer who seeks to bring in agricultural workers through the H-2C program would be required to search the registry of the state in which the work opportunity is offered. 
The search of the registry is done by application to the Department of Labor, which must be filed at least 28 days before the workers are needed.  If the registry search does not provide a sufficient number of workers, the Department of Labor is to immediately notify the Attorney General and the Secretary of State, who are then to provide visas to a sufficient number of workers.  In the event that the Department of Labor does not provide the results of the registry search at a time seven days before the workers are needed, the employer may submit an application to the Secretary of State and Attorney General, who will then adjudicate the application.  
Employers must fulfill certain obligations to workers obtained both through the registry and the H-2C program.  These include paying the prevailing wage, providing adequate housing or a housing allowance, and reimbursing the employee for their transportation costs.  
There would be several limits on a person’s ability to gain H-2C status.  If, within the previous five years, the person had a violation of status, they are not eligible.  A person must reside in their home country for at least two months before gaining H-2C status.  The maximum period of stay in H-2C status would be 12 months, then the alien must return to their home country for two months.  If the alien was not admitted for 12 months, the employer may seek an extension of the visa.  The alien may work for the employer while the extension application is pending.  Family members would not be entitled to derivative status.  
Employers face penalties for failing to follow the rules of the H-2C program.  If they do not pay the required wages, they can be made to pay back pay and be fined 00 for each worker who did not receive the required wages.  Other violations can also be subject to a fine up to 00, and the employer can be disqualified from the H-2C program for up to one year.  A second violation will lead to a three-year disqualification, and a third violation will result in permanent disqualification. 
Hearings on this bill will be held the week of June 11.