With the*election*cycle over for at least a little while, it is now time for each party to see what worked and what didn't work in the just-passed election cycle. *And it's pretty clear that the*Democrats immigration-friendly policy was a winner and the anti-immigration rhetoric from the*Republicans*was not.
As we asked last week:*Now What?**The*answer*is that the*Republicans*have done an immediate 180 degree turn. *Already Sen. Graham (R-SC) has*announced*that he will work with Sen. Schumer (D-NY) to*revisit their shelved 2010*Comprehensive*Immigration Reform*(CIR) bill, which was torpedoed when the Democrats moved ahead with their*healthcare*initiatives, driving the Republicans into their do-nothing*mode.
Now? *H-1Bs, Green cards, STEM*occupations*all may be in play.
Back in 2010, the bill was called CIR ASAP (Comprehensive Immigration Reform for America's Sceurity and Prosperity).*The*CIR ASAP bill*had these characteristics:
- Recapture of all Immigrant Visas (Family & Employment) from 1992-2008.
- STEM occupations exempt from the Immigrant Visa numbers.
- Immediate relatives exempt from Immigrant Visas quotas (this could be enormous and would be responsible for slicing the immigrant visa retrogression backlogs);
- Increases the per country visa cap, thus ameliorating the Indian, Chinese, and Mexican retrogressions;
- Spouses and Children of LPRs are Immediate Relatives and therefore IV quota-free;
- Employers have affirmative obligation to report recruiters working on their behalf and can be held liable for the crimes of the recruiter;
- Before an employer can hire an H-1B worker, the employer must meet strict requirements for the recruitment of American workers. This would also likely help Healthcare Petitions since the Healthcare staffing shortages are well-documented.
Christopher T. Musillo is a partner at MusilloUnkenholt Immigration Law. He is a graduate of Villanova University, Villanova, Pennsylvania. When not zealously representing his clients, Chris enjoys outdoor sports, listening to music, traveling and reading.