H.R. 2899 and S. 1461, the Border Security and Immigration Improvement Act

This bill would create a legalization process for almost all illegal aliens who will then be eligible for green cards after 6 years. Under the provisions of H.R. 2899 and its companion bill, S. 1461, an illegal alien would receive a 3-year H-4B visa. At the end of 3 years, the alien can adjust to an H-4A "guestworker" visa, valid for 3 years. Following this second 3-year period (a total of 6 years), the alien can self-petition for a green card. However, an employer can petition for a green card for any H-4A visa holder, regardless of how long the alien employee has been in the U.S.

Details of H.R. 2899 and S. 1461:

H-4A program

  • Sets up a new H-4A nonimmigrant visa for foreign workers who can find a US employer to hire them
    Employer of H-4A worker must post available job on an internet job bank for 14 days prior to petitioning for the foreign worker
  • Large employers must pay $1000 per foreign worker and small employers must pay $500
    H-4A visa is valid for 3 years and renewable once, but employer must re-advertise the job on the internet job bank before the renewal
  • H-4A workers cannot bring family members with them, unless both spouses have H-4A visas or the H-4A worker has sole custody, in which case children can come, or unless the worker has adjusted from H-4B status(i.e., was here illegally), in which case spouse and children all get to stay
  • Spouse, parents and children of H-4A workers are to be given priority for visitor visas
  • Aliens who enter the US illegally after Aug. 1, 2003 are barred from getting an H-4A visa for 3 years after they leave or are removed
  • Employer can sponsor H-4A worker for an employment-based green card at any time -- no numerical limit
  • H-4A worker can self-petition for an employment-based green card after 3 years -- no numerical limit
    DHS must establish an automated employment eligibility confirmation system, but only employers of H-4A and H-4B workers are required to use it
  • Labor and State are required to consult w/ and advise foreign countries on how to use the H-4A process so they can "assist their nationals in obtaining nonimmigrant status"


H-4B program

  • Any illegal who entered the US or overstayed a nonimmigrant visa before Aug. 1, 2003, is not a criminal (unless it was a document fraud offense) or known terrorist, and has worked illegally since Aug. 1, 2003, can buy an H-4B visa for $1500
  • Such illegals also can buy H-4B visas for spouse and children, but they don't have to pay the penalty for children under 17
  • If the illegal doesn't have the money to pay upfront, he can have his wages garnished, but will have to pay interest
  • Filing an application for an H-4B visa will stay a final order of deportation
  • H-4B visas are valid for 3 years and nonrenewable
  • Employer does NOT have to post the job or otherwise seek an American worker
  • After 3 years, the H-4B worker and his family can adjust to H-4A status, and all the rules of the H-4A program (including those governing petitions for green cards) apply