Comprehensive Immigration Reform’s Proposed Points System

A new element of the immigration reform Senate Bill 744, “The Border Security, Economic Opportunity, and Immigration Modernization Act” is coming into play, namely a proposed merit-based points system, similar to ones found in Canada, the UK, Australia and New Zealand. The points system — an immigration-management tool that will be used to decide who is suitable to enter the US — would allocate new immigrant visas to foreign-born people who meet certain criteria. Each year, the new system would allow between 120,000-250,000 immigrants to obtain immigrant visas through an accumulation of points based on skill, employment history and education. This points-based system is intended to replace the current Diversity Visa Lottery.

The “Desired Immigrant”

This points system shows that the US government does indeed favor a particular type of immigrant, a “desired immigrant”. The system would be more beneficial to certain immigrants over others, like those seeking employment-based immigration. Many immigrants would be at a disadvantage, including women, middle aged and older adults, and those from developing nations. The points system would be divided into characteristics that the US considers beneficial in a visa candidate, such as education, occupation, work experience, English language proficiency and age.

The Two Tiers

PointsFig1PointsFig2

During the fifth fiscal year after the immigration reform bill is passed and the points system is introduced, DHS would assign merit-based visas in two “tiers”, and would give 50% of the visas to applicants with the highest number of points in tier 1, and the other 50% to applicants with the highest number of points in tier 2. Tier 1 is for high-skilled workers and tier 2 is for lower-skilled workers.

The points system favors employment and educational categories over the others; and desires immigrants who are educated, experienced, fluent in English, and young. The system seems to be heavily influenced by economics, placing large value in immigrants’ ability to generate economic worth.

Disadvantaged Immigrants

Moreover, the system is biased against women. Women in other countries frequently have less education and work experience opportunities, allowing the points system to naturally favor men. Though Tier 2 acknowledges women by creating a separate caregiver characteristic, it only grants 10 points, which doesn’t count for much when compared to the employment background characteristic, which totals 40 points.

Family-based immigration is also minimized in the system. Similar to the caregiver characteristic, the siblings or adult sons/daughters of US citizens characteristic only receives 10 points, which, again, doesn’t account for a lot. The system also emphasizes age discrimination and nationality bias, by preferring young immigrants who come from countries with low US migration.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

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Marketing Your Business

I started a book review for Bar Association of Metropolitan St. Louis, a lawyers’ association in St. Louis, MO. Their URL is http://www.bamsl.org. It is a great way to improve visibility and read books at the same time! This time I read ‘Eat Pray Love’ by Elizabeth Gilbert. Next time I will review ‘China, a History’, by John Keay. He has also written a book about the history of India, which I am also planning on reading and reviewing.

Now I am involved in promoting immigration education topics for lawyers, for the American Immigration Lawyers Association. I am speaking at a seminar about immigration for lawyers who don’t practice in the area. All these ideas are to promote your visibility and expertise in a way that showcases what you know. Above all, I have learned to deliver content relevant to the audience. You need to engage the audience through meaningful content relevant to their needs. Another way to promote visibility is to join as many social media outlets as you can and link the outlets to your website. YouTube, Facebook, MySpace, Twitter, PRWeb, etc. You can add content simultaneously to all these outlets using Tweetdeck or Ping.

See you in my next post.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2010.  All rights reserved.

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