Immigration Reform 2013: How Do the House and Senate's Immigration Plans Compare?
The full Senate is expected to debate, amend, and most likely pass a comprehensive immigration reform bill this month. A bipartisan group of representatives drafting a House version has a similar goal for starting debate.
Details of the comprehensive House bill are being kept under wraps. What has not been so quiet is Rep. Bob Goodlatte’s (R-Va.) futile attempt to disrupt the process by introducing single-issue bills. Those involved in the Senate have said a piecemeal approach to immigration reform is not acceptable and will not be considered. However, since we know the details of the bills Goodlatte has introduced, how do they compare to the Senate bill? This is important should they make it into the House’s comprehensive bill.
Goodlatte Bill Senate Bill
55,000 green card petitions per year for graduates with advanced STEM degrees
No limit for graduates of U.S. universities with advanced STEM degrees
H-1B fees used to advance STEM education
Adds employer-paid $500 fee for STEM education
155,000 H-1B visa plus 40,000 special visas for graduates of U.S. universities. Provides work permits for spouses
110,000 – 180,000 H-1B visas plus 25,000 STEM
Implements prevailing wage
Implements prevailing wage
10,000 green cards for entrepreneurs
10,000 green cards for entrepreneurs and investors
Eliminates per-country caps
Ends diversity visas
25,000 spouse and minor children visas for permanent residents. Keeps per-country caps in place but increases number
Spouse and children allowed to accompany
Repeals diversity lottery and sibling of U.S. citizen permanent residency allocations
Ends diversity visas
Replaces I-9 with E-Verify
Replaces I-9 with E-Verify
Phases in implementation over 24 months
Phases in over 48 months
Agricultural workers subject to verification during the first 24 months only
Agricultural workers subject to verification after 4 years
Eliminates duplicate states laws already in existence.
Allows local governments to make compliance with federal law a condition for business license.
Allows states to keep fines if the state helps enforce federal law.
Establishes a grant program to states that assist in federal enforcement efforts
Holds employers harmless if they receive false information from system
Holds employers harmless if they receive false information from system
Agricultural workers only
Agricultural and other temporary workers
Replaces H-2A visa with H-2C visa program
Replaces H-2A with W-1 and W-2
Keeps H-2B and creates W visa for low skilled workers
Allows worker to switch employer “at-will”
Allows worker to switch employer “at-will”
Maximum stay 18 months unless job is permanent, then 36 months.
Worker must leave country for a set period of time before applying for another H-2C visa
Maximum stay for agricultural worker – 3 years with one 3-year renewal. 3-month return required after renewal period.
H-2B and W visa: 3 years renewable for subsequent 3-year periods. No return required
H-2C jobs must be listed with state employment departments for 30 days
Jobs must be listed with state employment departments for 45 days
Higher of prevailing or minimum wage requirement
Higher of minimum wage or rate stated in act requirement
Requires employers to withhold 10% of wages in escrow to disincentivize overstays.
Not in Senate bill
Employers pay the equivalent of Social Security and Unemployment Insurance taxes to the Department of Agriculture
Employer responsible for Worker’s Comp
Guarantees worker 50% of promised hours
Guarantees 75% of promised hours
Housing and transportation not provided by employer
Housing and transportation or allowance required to be provided
Allows arbitration and mediation of disputes
Workers not eligible for legal assistance under Legal Services Corporation Act.
Allows arbitration and mediation of disputes
Workers are eligible for legal assistance under Legal Services Corporation Act.
Family members may not accompany worker unless they also qualify as guest workers
Family members of agricultural workers must also qualify for visa. Spouses and children of W and H-2B visa holders may accompany
Allows agricultural workers currently in the country illegally to work until H-2C program is implemented
Establishes Blue Card for agricultural workers already here
500,000 visas. Secretary of Agriculture may raise or lower based on need.
112,333 W-1 / W-2 visas. Secretary of Agriculture may raise or lower based on need.
167,000 W visas
No change to H-2B allocation process
Workers not eligible for means tested benefits.
Workers not eligible for means tested benefits.
Looking at this comparison, a conference bill for comprehensive immigration reform could be drafted, passed by both chambers of Congress, and signed into law by the president. The major obstacle will be if the House decides to piecemeal reform.
