Legislation #2
The Employment Verification Act of 2005

This bill establishes a nation-wide electronic employer enforcement verification system. This system will allow employers to immediately verify with the Department of Homeland Security, in cooperation with the Social Security Administration, that an individual is authorized to work in the United States.

The system would be managed by DHS in conjunction with the Social Security Administration.

The system will allow all employers to immediately verify whether an individual is authorized to work in the U.S.

The system will be phased-in over a 5 year period, starting with large employers. The legislation includes protections to ensure that the system will not result in hiring discrimination based on race or national origin, nor will it interfere with the regular hiring process.

Employers who use the system will receive a "safe-harbor" from prosecution for hiring unauthorized workers.

The bill reduces the number of documents that can be used to verify employment authorization.

The bill increases penalties for unauthorized employment and claims of false citizenship.

Legislation #3
Strengthening America’s Workforce Act of 2005

This bill addresses the demand for both low-skilled and high-skilled foreign workers. It includes a provision to allow full-time foreign students to work part-time while studying in the United States.

Title 1 – Temporary/Low-Skilled Workers:

This section of the bill includes the temporary worker program originally created in Hagel/Daschle in 2004. The new program adds 250,000 new temporary worker visas annually. The visas are good for 2 years, with a 2 year extension. Workers are allowed to apply for permanent residence in the U.S. over time. The bill increases seasonal worker visas from 66,000 to 100,000 and it includes provisions to ensure American workers are offered jobs first. American wages and benefits are also protected in the bill.

Title 2 – High-Tech/High-Skilled Workers:

This title of the bill addresses the need for high-tech workers and reduces the existing worker visa backlog. Foreign students who have earned an advanced degree in science, technology, engineering or math from U.S. universities would be able to receive a H-1B work visa without leaving the country and without regard to the annual cap of 65,000. In addition, high-tech workers who have worked in the U.S. for three years may be allowed to adjust to permanent resident status without regard to the annual cap of 140,000. The spouses and children of immigrant workers would also be allowed to adjust status without regard to this cap.

Title 3 – Foreign Student Work Authorization:

To encourage more foreign students to study in the U.S., this section of the bill would give full-time foreign college and graduate students the opportunity to work part-time while studying at U.S. universities. Allowing foreign students to work will make the U.S. foreign student program more competitive with other nations that give these students this opportunity.