While both the Craig and Kennedy bills are similar, the major difference between the bills is the wage rate. Under the Kennedy provision, a commission would be established to study whether the Adverse Effect Wage Rate is the appropriate wage standard or whether alternative wage protections such as the prevailing wage should be adopted.
Another bill that was introduced was the “Wage Equity Act of 2001” (S.1442), introduced by Senator Zell Miller (D-GA). This measure is similar to H.R. 2457, the “Wage Equity Act of 2001” by Reps. Chris Cannon (R-UT) and Sanford Bishop (D-GA). Both provisions would change the minimum wage requirement for the H-2A program to the prevailing wage in the area and occupation of intended employment, a reform users of the program have sought for a number of years.
There is speculation in the Agriculture community that there will be another attempt at a compromise between these pieces of legislation before the end of this Congress. Specifically, a new bill may be introduced that would encompass all of these aspects and compromise on the wage rate.
AHC Position
The current H-2A program does not fully satisfy the alien employment needs of the horse industry. The labor certification process is very cumbersome and expensive. The wage rate is out of reach for many farmers and only H-2A users must provide housing and transportation for workers. None of the bills specifically addresses the needs of the horse industry.
Temporary Worker Reform and Extension of Section 245(i)
Introduction
The events of September 11, 2001 caused the Bush Administration to push aside immigration related issues. After months of relative inaction on immigration issues and motivated by the President's early March 2001 meeting with Mexican President Vicente Fox, the Bush Administration has begun actively working again to extend Section 245(i).
The House of Representatives has voted to extend Section 245(i) as part of the Border Security Bill. Earlier this Congress, the House already voted on the issue of border security. The only difference between this border security bill and the one already passed is that an extension of Section 245(i) is included in this version. At this point, it is unclear if and when the Senate will take up this measure.
Background
Section 245(i) is a provision that would allow people who are already eligible to apply for permanent residency based on a close family member or employer sponsor. The eligible individuals must also pay a fine and obtain their immigrant visas in the United States.
Section 245(i) offers an alternative to people having to leave the country to pick up their visas and be separated from their families and employers for three or ten years. Without Section245(i), individuals must leave the United States and go to a U.S. consulate abroad to obtain the immigrant visa needed to reenter as an immigrant.
Under the most recent extension of 245(i), passed last Congress, eligible immigrants were required to show that they had resided in the United States prior to December 21, 2000.
Only certain prospective lawful permanent residents, under close and careful scrutiny of Federal authorities, can use Section 245(i). People using Section 245(i) must be otherwise eligible to become permanent residents.
For opponents of this extension, the issue is not whether these immigrants are eligible or not, nor when they could adjust their status, but rather from where they could apply to become permanent U.S. residents. Some of the people who use 245(i) include people who were not inspected and admitted at the border, who were in transit without a visa, who came in as crewmen, or who worked without authorization or otherwise violated their non-immigrant status, even if the violation was technical.
Current Extension Proposal
Under the provision passed in the House, by a margin of 275 to 137, some illegal immigrants will be allowed to stay in the country while their residency paperwork is being processed. More than 600,000 illegal immigrants were eligible for this extension under the Legal Immigration and Family Equity Act to apply for visas without leaving the country, but it expired last April. However, under this extension those illegal immigrants must be able to prove they are spouses or relatives of U.S. citizens, legal residents or employees sponsored by employers before Aug. 14.
This provision extends the deadline to November 30th, or four months after the regulations are issued, whichever comes first, giving illegal immigrants the chance to apply for residency without leaving the United States. Many of those immigrants are here on work visas that have expired, but they did not leave the country.