B U S H A D M I N I S T R A T I O N ’ ’ S
T E M P O R A R Y W O R K E R S
I I M M I G R A T I O N R E F O R M P R O P O S A L F O R
By Diane M. Butler
E NHANCING OUR N ATION ’ S S ECURITY AND E CONOMY
One of the basic principles on which the President’s proposal is based is that it would help to protect the United States by allowing workers who currently hold jobs illegally to come out of the woodwork and participate legally in America’s economy. This would also help to fill our nation’s coffers with Social Security and income tax funds.
E LEMENTS OF THE P ROGRAM
Following are basic elements of the proposal:
• The program would be open to foreign workers outside the United States as well as to the undocumented men and women currently in the United States.
• The workers under temporary status would pay a one-time fee to register in the program.
• The temporary status would be available for up to three years.
• There would be an opportunity for visa renewal.
• Employers would have to make every reasonable effort to find an American to fill a job before extending job offers to foreign workers.
No specific plans have been developed about how employers would prove that they had recruited
Americans. However, it is conceivable that the process would draw on the current Labor
Certification programs and are recruitment requirements administered through the U.S.
Department of Labor.
As a trade-off for providing this program of matching willing workers with willing employers, enforcement against companies that break the law and hire illegal workers would increase.
The program would have to await legislation to be implemented. Timing of implementation is uncertain.
Diane M. Butler is a Partner in our Seattle office and heads Lane Powell’s immigration practice. Diane has assisted clients in the following immigration areas: non-immigrant visas; extensions and change or adjustment of status; employment-based immigrant
(“Green Card”) visas; I-9 issues and employer sanctions; Department of Labor litigation; political asylum claims; consular processing; and Special Registration, and also has represented clients in Congress on immigration issues. E-mail: butlerd@lanepowell.com
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