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COMMISSION ON IMMIGRATION REFORM RECOMMENDS IMPORTANT CHANGES TO IMMIGRATION SYSTEM
On June 7th, the US Commission on Immigration Reform (the "CIR") released a summary of its forthcoming proposals for reforming the system of legal immigration. The recommendations include substantial reductions in legal immigration, the elimination of several visa categories and the restructuring of others. The CIR, chaired by former congresswoman Barbara Jordan, is comprised of nine members appointed by the President and the leadership of the Senate and House of Representatives and is charged with making recommendations regarding the reform of the US immigration system. Though the CIR's recommendations have already been endorsed by President Clinton, the specific proposals are likely to lead to considerable opposition by many pro-immigration organizations. The summary of the CIR's findings below is a compilation of information made available by the CIR in a Fact Sheet released at a June 7, 1995 press conference, press reports based on leaked information and remarks made by CIR Executive Director Susan Martin at a speech given to the American Immigration Lawyers Association on 6/17/95. 
Chief among the CIR's recommendations is a reduction of overall immigration levels to 550,000/year from current levels of 800,000/year. The 550,000 would be divided as follows: 400,000 for family immigration, 100,000 for the immigration of skilled workers and 50,000 for refugees. The Commission also recommended the authorization of 150,000 visas annually for the admission of the spouses and children of lawful permanent residents until the backlogs in those categories are eliminated. The CIR recommends that this rollback in immigration numbers take effect one year after enactment of reform legislation. 
Visa categories for brothers and sisters of US citizens and adult children of permanent residents of both US citizens and permanent residents would be eliminated under the new system. Instead, the family immigration system would be structured as follows: 
A) The spouses and minor children of citizens would be admitted as the first priority. A small number of adult children of US citizens with mental or physical disabilities would also be admitted in this category. 
B) Parents of US citizens would be admitted as second priority. In order to reduce the burden on the Social Security Income and Medicaid systems as well as other similar programs, the new system would make those completing affidavits of support legally bound their promise. Further, the affidavits would provide assurance that the signer has the capacity to provide a lifetime of financial support and that the affiant has assured that the immigrants have adequate health care coverage for a lifetime. 
C) The third priority category would be allocated to spouses and minor children of permanent residents and adult children of permanent residents who remain dependent on their parents due to a mental or physical disability. 
Categories currently available to adult unmarried and married sons and daughter of US citizens and unmarried sons and daughters of permanent residents would be eliminated. 
The CIR also has proposed some serious changes to the employment- based immigration system. The overall number of visas allocated would fall from 147,000 to 100,000 and visas would be divided into two categories: those subject to a labor market test and those exempted from such a test for policy reasons. 
Workers exempt from the labor market test would include the following: 
1) Individuals currently meeting the test for the EB-1 visa (extraordinary ability in the arts, sciences, education, business and athletics and managers and executives of international businesses). The category for outstanding researchers and professors does not appear to be retained, but persons eligible in this category might still qualify under the extraordinary ability in science test; 
2) Individuals currently meeting the EB-5 test (entrepeneurs investing in new commercial enterprises generating jobs for US workers); and 
3) Individuals currently eligible as EB-4 religious workers. 
Those subject to the labor market test would include individuals with bachelors degrees or higher or those needed to fill jobs requiring a high level of specific skills above the entry level. A labor market test would be required in order to demonstrate that qualified American workers are not being displaced or otherwise disadvantaged by the employment of immigrants. Unskilled workers, who under the current system face a 5+ year backlog to immigrate, would be shut out all together under the new system. 
A few significant additional new requirements would be imposed under the altered system: 
1) To show the need for the worker is genuine, employers would be required to pay a "substantial" fee into a certified private sector initiative dedicated to increasing the competitiveness of US workers (through such things as education programs and retraining initiatives). Penalties would be imposed on violators. 
2) Employers would have to demonstrate that they have engaged in "appropriate attempts to find a qualified US worker using normal company recruitment procedures that meet minimum industry-wide standards." 
3) The employer must pay wages that are at least 5% over the prevailing wage. 
4) Permanent residency gained through a labor market test would be conditional for a two year period. If the employee is still employed by the same employer at the same or higher wage level (and it remains above the prevailing wage) after two years, the condition would be lifted. Waivers of the condition could be obtained in unusual circumstances such as where there have been layoffs, business failures, or unfair labor practices. Violators could be penalized for fraud. 
The number of refugees admitted to the US would be reduced to 50,000, a figure less than half of the current number. The President would be authorized to admit additional numbers during emergency circumstances unless the Congress vetoed the emergency admissions with a two-thirds vote. Aside from emergency situations, Congress could authorize an increase in the numbers of refugees. The Commission will recommend further changes to the refugee program at the end of this year. 
CIR Executive Director Susan Martin has noted that the CIR will also issue reports in the future on Nonimmigrant visas and removal of aliens from the US.