가족 초청, 연쇄 이민 폐지안 및 고용강화를 위한 이민 개혁안

Nowadays, many Americans are hearing words “chain migration” regularly. American immigrants and others who would be affected are concerned, and in need of comprehensive information about it. This writing will summarize some of important issues.

Chain Migration and RAISE Act

트럼프 행정부가 추진하고 있는 이민 개혁안은 크게 5개의 내용으로 구성되어 있다.[1] 그 중 하나가 Arkansas 주의 Tom Cotton 상원의원과 Georgia주의 David Perdue상원의원이 2017년 2월에 제정한 RAISE ACT에 근거하여, “Chain Migration(연쇄이민)”으로 불리우는 가족 관계를 중심으로 이민을 허락하는 현행 이민법 (Immigration and Nationality Act: INA)을 대폭 개정하고, 새로운 제도를 마련하는데 있다. 아직 구체적인 내용은 마련되지 않았으나, 현재까지 밝혀진 내용의 골자는 다음과 같다.

중요한 이슈는 RASIE ACT가 법안으로 채택되고 대통령이 서명하여 법이 될 때까지 접수되는 모든 이민 서류는 현행 이민법을 근거로 영주권 수속과 이민 비자 수속이 계속 진행된다는 점이다. 많은 분들이 이 법안이 통과 되면 그 전에 접수된 이민 수속이 끝을 보지 못하고 끝나는 것으로 알고 있는데, 사실은 그렇지 않다. 그리고 가족 초청 제도를 당장 끝내지 않고, 단계적으로 줄여 가는 내용을 담고 있다.

  1. 가족 이민은 시민권자와 영주권자의 배우자, 그리고 21세 미만의 미혼 자녀는 계속 이민을 허락한다. 제안된 안건은 가족 관계를 근거로 이민 오는 숫자를 현 480,000명 선에서 88,00으로 줄이는 내용을 담고 있다. (현 이민법은 시민권자의 배우자, 미성년 자녀와 부모를 “직계 가족”으로 분류하고, 시민권자의 형제, 기혼 자녀, 21세 넘은 자녀를 “가족”으로 명하고 모두에게 이민을 허락하고 있다.)
  2. 현재(2015년 기준) 매년 1백만명이 넘는 이민자가 영주권을 받고 있는데, 이 숫자를 10년에 거쳐서 5십만 정도로 줄인다.
  3. 영주권자는 정부 보조를 받지 못하게 한다.
  4. 매년 5만명에게 영주권을 허락하는Diversity Visa Program을 전면 폐지한다. 이민자들에게는 “Lottery Program”으로 더 잘 알려져 있다.
  5. 직업 창출, 고용 창출, (미국)사회 및 문화 적응도 등을 고려하여 시술과 학력과 재력을 갖춘 외국인들에게 영주권을 허락하되, 현지 미국인들의 직업 차환 가능성을 고려하여 결정한다.

이 법안은 “S.354” 번호표를 달고 2017년 2월 13월 상원에 접수되어 국회의 절차를 거치고 있는 중이며, 트럼프 대통령의 전격적인 지지를 받고 있다.

다음은 국회와 백악관, 그리고 중요한 언론이 다룬 기사 내용이다.

REFERENCES:

Introduced in Senate (02/13/2017)[2]

Reforming American Immigration for Strong Employment Act or the RAISE Act

This bill amends the Immigration and Nationality Act to eliminate the diversity immigrant visa category.

The fiscal year limit for refugee admissions is set at 50,000.

The President shall annually enumerate the previous year’s number of asylees.

The bill defines: (1) “immediate relative” as the under-21 year old child or spouse of a U.S. citizen, and (2) “family-sponsored immigrant” as the under-21 year old child or spouse of an alien lawfully admitted for permanent residence.

The worldwide fiscal year level for family-sponsored immigrants is reduced.

The bill establishes a nonimmigrant alien W-visa for the parent of an adult (at least 21 years old) U.S. citizen.

국회 자료: S.354 – RAISE Act[3]

115th CONGRESS
1st Session

 

To amend the Immigration and Nationality Act to eliminate the Diversity Visa Program, to limit the President’s discretion in setting the number of refugees admitted annually to the United States, to reduce the number of family-sponsored immigrants, to create a new nonimmigrant classification for the parents of adult United States citizens, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 13, 2017

Mr. Cotton (for himself and Mr. Perdue) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to eliminate the Diversity Visa Program, to limit the President’s discretion in setting the number of refugees admitted annually to the United States, to reduce the number of family-sponsored immigrants, to create a new nonimmigrant classification for the parents of adult United States citizens, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Reforming American Immigration for Strong Employment Act” or the “RAISE Act”.

SEC. 2. Elimination of Diversity Visa Program.

(a) In general.—Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c).

(b) Technical and conforming amendments.—

(1) IMMIGRATION AND NATIONALITY ACT.—The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—

(A) in section 101(a)(15)(V), by striking “section 203(d)” and inserting “section 203(c)”;

(B) in section 201—

(i) in subsection (a)—

(I) in paragraph (1), by adding “and” at the end; and

(II) in paragraph (2), by striking “; and” at the end and inserting a period; and

(III) by striking paragraph (3); and

(ii) by striking subsection (e);

(C) in section 203—

(i) in subsection (b)(2)(B)(ii)(IV), by striking “section 203(b)(2)(B)” each place such term appears and inserting “clause (i)”;

(ii) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (c), (d), (e), (f), and (g), respectively;

(iii) in subsection (c), as redesignated, by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”;

(iv) in subsection (d), as redesignated—

(I) by striking paragraph (2); and

(II) by redesignating paragraph (3) as paragraph (2);

(v) in subsection (e), as redesignated, by striking “subsection (a), (b), or (c) of this section” and inserting “subsection (a) or (b)”;

(vi) in subsection (f), as redesignated, by striking “subsections (a), (b), and (c)” and inserting “subsections (a) and (b)”; and

(vii) in subsection (g), as redesignated—

(I) by striking “(d)” each place such term appears and inserting “(c)”; and

(II) in paragraph (2)(B), by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”;

(D) in section 204—

(i) in subsection (a)(1), by striking subparagraph (I);

(ii) in subsection (e), by striking “subsection (a), (b), or (c) of section 203” and inserting “subsection (a) or (b) of section 203”; and

(iii) in subsection (l)(2)—

(I) in subparagraph (B), by striking “section 203 (a) or (d)” and inserting “subsection (a) or (c) of section 203”; and

(II) in subparagraph (C), by striking “section 203(d)” and inserting “section 203(c)”;

(E) in section 214(q)(1)(B)(i), by striking “section 203(d)” and inserting “section 203(c)”;

(F) in section 216(h)(1), in the undesignated matter following subparagraph (C), by striking “section 203(d)” and inserting “section 203(c)”; and

(G) in section 245(i)(1)(B), by striking “section 203(d)” and inserting “section 203(c)”.

(2) IMMIGRANT INVESTOR PILOT PROGRAM.—Section 610(d) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102–395) is amended by striking “section 203(e) of such Act (8 U.S.C. 1153(e))” and inserting “section 203(d) of such Act (8 U.S.C. 1153(d))”.

(c) Effective date.—The amendments made by this section shall take effect on the first day of the first fiscal year beginning on or after the date of the enactment of this Act.

SEC. 3. Annual admission of refugees.

Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended—

(1) by striking subsections (a) and (b);

(2) by redesignating subsection (e) as subsection (a);

(3) by redesignating subsection (f) as subsection (e);

(4) by inserting after subsection (a), as redesignated, the following:

“(b) Maximum number of admissions.—

“(1) IN GENERAL.—The number of refugees who may be admitted under this section in any fiscal year may not exceed 50,000.

“(2) ASYLEES.—The President shall annually enumerate the number of aliens who were granted asylum in the previous fiscal year.”; and

(5) by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”.

SEC. 4. Family-sponsored immigration priorities.

(a) Immediate relative redefined.—Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended—

(1) in subsection (b)(2)(A)—

(A) in clause (i), by striking “children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.” and inserting “children and spouse of a citizen of the United States.”; and

(B) in clause (ii), by striking “such an immediate relative” and inserting “the immediate relative spouse of a United States citizen”;

(2) by striking subsection (c) and inserting the following:

“(c) Worldwide level of family-Sponsored immigrants.— (1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to 88,000 minus the number computed under paragraph (2).

“(2) The number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the United States under section 212(d)(5) in the second preceding fiscal year who—

“(A) did not depart from the United States (without advance parole) within 365 days; and

“(B) (i) did not acquire the status of an alien lawfully admitted to the United States for permanent residence during the two preceding fiscal years; or

“(ii) acquired such status during such period under a provision of law (other than subsection (b)) that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section.”; and

(3) in subsection (f)—

(A) in paragraph (2), by striking “section 203(a)(2)(A)” and inserting “section 203(a)”;

(B) by striking paragraph (3);

(C) by redesignating paragraph (4) as paragraph (3); and

(D) in paragraph (3), as redesignated, by striking “(1) through (3)” and inserting “(1) and (2)”.

(b) Family-Based visa preferences.—Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read as follows:

“(a) Spouses and minor children of permanent resident aliens.—Family-sponsored immigrants described in this subsection are qualified immigrants who are the spouse or a child of an alien lawfully admitted for permanent residence.”.

(c) Conforming amendments.—

(1) DEFINITION OF V NONIMMIGRANT.—Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended by striking “section 203(a)(2)(A)” each place such term appears and inserting “section 203(a)”.

(2) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.—Section 202 of such Act (8 U.S.C. 1152) is amended—

(A) in subsection (a)(4)—

(i) by striking subparagraphs (A) and (B) and inserting the following:

“(A) 75 PERCENT OF FAMILY-SPONSORED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION.—Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2).

“(B) TREATMENT OF REMAINING 25 PERCENT FOR COUNTRIES SUBJECT TO SUBSECTION (e).—

“(i) IN GENERAL.—Of the visa numbers made available under section 203(a) in any fiscal year, 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subparagraph (A) to natives of the foreign state or dependent area is less than the subsection (e) ceiling.

“(ii) SUBSECTION (e) CEILING DEFINED.—In clause (i), the term ‘subsection (e) ceiling’ means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area, consistent with subsection (e).”; and

(ii) by striking subparagraphs (C) and (D); and

(B) in subsection (e)—

(i) in paragraph (1), by adding “and” at the end;

(ii) by striking paragraph (2);

(iii) by redesignating paragraph (3) as paragraph (2); and

(iv) in the undesignated matter after paragraph (2), as redesignated, by striking “, respectively,” and all that follows and inserting a period.

(3) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN.—Section 203(h) of such Act (8 U.S.C. 1153(h)) is amended by striking “(a)(2)(A)” each place such term appears and inserting “(a)(2)”.

(4) PROCEDURE FOR GRANTING IMMIGRANT STATUS.—Section 204 of such Act (8 U.S.C. 1154) is amended—

(A) in subsection (a)(1)—

(i) in subparagraph (A)(i), by striking “to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or”;

(ii) in subparagraph (B)—

(I) in clause (i), by redesignating the second subclause (I) as subclause (II); and

(II) by striking “203(a)(2)(A)” each place such terms appear and inserting “203(a)”; and

(iii) in subparagraph (D)(i)(I), by striking “a petitioner” and all that follows through “(a)(1)(B)(iii).” and inserting “an individual younger than 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual.”;

(B) in subsection (f)(1), by striking “, 203(a)(1), or 203(a)(3), as appropriate”; and

(C) by striking subsection (k).

(5) WAIVERS OF INADMISSIBILITY.—Section 212 of such Act (8 U.S.C. 1182) is amended—

(A) in subsection (a)(6)(E)(ii), by striking “section 203(a)(2)” and inserting “section 203(a)”; and

(B) in subsection (d)(11), by striking “(other than paragraph (4) thereof)”.

(6) EMPLOYMENT OF V NONIMMIGRANTS.—Section 214(q)(1)(B)(i) of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking “section 203(a)(2)(A)” each place such term appears and inserting “section 203(a)”.

(7) DEFINITION OF ALIEN SPOUSE.—Section 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking “section 203(a)(2)” and inserting “section 203(a)”.

(8) CLASSES OF DEPORTABLE ALIENS.—Section 237(a)(1)(E)(ii) of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking “section 203(a)(2)” and inserting “section 203(a)”.

(d) Creation of nonimmigrant classification for alien parents of adult United States citizens.—

(1) IN GENERAL.—Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended—

(A) in subparagraph (T)(ii)(III), by striking the period at the end and inserting a semicolon;

(B) in subparagraph (U)(iii), by striking “or” at the end;

(C) in subparagraph (V)(ii)(II), by striking the period at the end and inserting “; or”; and

(D) by adding at the end the following:

“(W) Subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age.”.

(2) CONDITIONS ON ADMISSION.—Section 214 of such Act (8 U.S.C. 1184) is amended by adding at the end the following:

“(s) (1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be five years, but may be extended by the Secretary of Homeland Security for additional five-year periods if the United States citizen son or daughter of the nonimmigrant is still residing in the United States.

“(2) A nonimmigrant described in section 101(a)(15)(W)—

“(A) is not authorized to be employed in the United States; and

“(B) is not eligible for any Federal, State, or local public benefit.

“(3) Regardless of the resources of a nonimmigrant described in section 101(a)(15)(W), the United States citizen son or daughter who sponsored the nonimmigrant parent shall be responsible for the nonimmigrant’s support while the nonimmigrant resides in the United States.

“(4) An alien is ineligible to receive a visa or to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W) unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for health insurance coverage for the alien, at no cost to the alien, during the anticipated period of the alien’s residence in the United States.”.

(e) Effective date; applicability.—

(1) EFFECTIVE DATE.—The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act.

(2) INVALIDITY OF CERTAIN PETITIONS AND APPLICATIONS.—Any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category that was eliminated by the amendments made by this section and filed after the date on which this Act was introduced and any application for an immigrant visa based on such a petition shall be considered invalid.

(백악관 자료) Fact Sheets [4]

President Donald J. Trump Backs RAISE Act

Immigration  Issued on: August 2, 2017

Bill will create a merit-based immigration system that protects our workers, our taxpayers, and our economy

A SURGE IN UNSKILLED IMMIGRATION: For decades, low-skilled and unskilled immigration into the United States has surged, depressing wages and harming America’s most vulnerable citizens.

  • Our system does not prioritize the most highly skilled immigrants—just 1 out of every 15 immigrants to the United States comes here because of their skills.
    • On average, 1 million immigrants are accepted into the United States for legal permanent residency annually, and most of them are low or unskilled workers.  This influx is the equivalent of adding more than the population of San Francisco to the country every year.
  • More than 50 percent of all immigrant households receive welfare benefits, compared to only 30 percent of native households in the United States that receive welfare benefits.
    • Immigrants with a college education or higher are, on average, less likely to be welfare recipients than those without the same degree of education.
  • Since 1979, Americans with a high school diploma or less have seen their real hourly wages decline.
    • American workers without a high school diploma have seen their real hourly wages fall by 17 percent.

THE RAISE ACT PUTS AMERICAN WORKERS FIRST: President Donald J. Trump supports the Reforming American Immigration for a Strong Economy (RAISE) Act to prioritize immigrants based on the skills they bring to our Nation while safeguarding the jobs of American workers.

  • The RAISE Act replaces the current permanent employment-visa framework with a skills-based system that rewards applicants based on their individual merits.
    • The system rewards education, English-language ability, high-paying job offers, past achievements, and entrepreneurial initiative.
    • This system is similar to the merit-based immigration systems used by Canada and Australia.
  • The RAISE Act reduces overall immigration numbers to limit low-skilled and unskilled labor entering the United States.
  • The RAISE Act prioritizes immediate family members of United States residents, including spouses and minor children, but ends preferences for extended family members and adult children.
    • United States citizens needing to take care of elderly parents can receive renewable, temporary visas for them.
  • The RAISE Act eliminates the outdated Diversity Visa lottery system, which serves questionable economic and humanitarian interests.
  • The RAISE Act limits permanent resident status for refugees to 50,000 a year, in line with the 13-year average.

A PROMISE TO THE AMERICAN PEOPLE: The RAISE Act follows through on President Trump’s promise to the reform our immigration system to put America first.

  • President Trump on July 26, 2017:
    • “As we speak, we are working with two wonderful Senators, Tom Cotton and David Perdue, to create a new immigration system for America. Instead of today’s low-skill system, just a terrible system where anybody comes in.”
  • President Trump on February 28, 2017:
    •  “Protecting our workers also means reforming our system of legal immigration. The current, outdated system depresses wages for our poorest workers and puts great pressure on our taxpayers.”
    • “Switching away from this current system of lower-skilled immigration, and instead adopting a merit-based system, we will have so many more benefits.  It will save countless dollars, raise workers’ wages, and help struggling families — including immigrant families — enter the middle class.”

 

 

 

언론 자료: The RAISE Act would:[5]

  • End the Visa Lottery
  • Limit annual refugee admissions to 50,000
  • End chain migration
  • Reduce the worldwide level of family-sponsored immigrants from 480,000 to 88,000 by prioritizing nuclear family
  • Add a nonimmigrant visa for parents of adult U.S. citizens (W-Visa)
    • 5-year renewable visa
    • No work authorization or ability to receive public benefits

[1] 2017년 1월 17일 기재된 박창형 소장 칼럼 참조.

[2] https://www.congress.gov/bill/115th-congress/senate-bill/354

[3] https://www.congress.gov/bill/115th-congress/senate-bill/354/text

[4] https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-backs-raise-act/

[5] https://www.numbersusa.com/news/sen-cotton-officially-introduces-raise-act

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