IMMIGRATION REFORM SOLVED
The EB3 visa is a Third Priority Worker visa that allows three types of workers to go to the U.S permanently and work there. These groups of workers are:
- Skilled workers. Those who have completed at least 2 years of job experience or training. • Professionals. Those who can prove that they have a higher educational degree or its equivalent such as a Bachelor’s Degree.
- Unskilled workers. Those who have less than 2 years of work experience or training. Unskilled workers get the EW-3 visa as explained in the article.
U.S. immigration laws permit a person to get a green card through employment if their employer is unable to find a qualified U.S. worker for the job. US immigration law allows 261,000 persons annually to obtain green cards through employment which includes both the principal worker and immediate family members (spouse and unmarried children) in 2022, the number is expected to top 275,000.
BENEFITS OF AN EB3 VISA
With an EB3 visa, the foreign workers can go to the U.S, live there permanently and work without having to obtain an Employment Authorization Document (EAD). After a few years at the same job, they can also switch employers and job positions. They get the Green Card and are required to pay all taxes applicable to them. They are also allowed to travel within and outside the U.S, as well as live in a different state in the U.S than the one they first moved to.
A person with an EB3 visa has access to healthcare in the United States, and has access to immigrant health insurance plans https://visaguide.world/international-health-insurance/us/green-card-health insurance which overall is affordable .
If a person gets the EB3 immigrant visa then the person’s spouse and unmarried children under 21 years old also qualify to join the person in the U.S. For the skilled and professional workers, the spouse also qualifies for the E-34 visa, while the children can apply for the E-35 visa.
For unskilled workers, the spouse is eligible for EW-4 visa and the children for EW-5 visa. With these visas, the spouse of an EB3 visa holder can apply for the Employment Authorization Document (EAD)
and work in the U.S after approval for various religious, government, or international organizations worker,
ELIGIBILITY FOR AN EB3 VISA
In order to qualify for the EB3 visa, a foreign worker must prove the following:
- That they have a valid and permanent job offer from a U.S employer.
- That they have the qualifications to meet the job description in terms of the level of education and job experience.
- the U.S employer must also prove the following to qualify for sponsoring a foreign worker for an EB3 visa:
- That the employer could not find an available, qualified, or willing U.S worker for the job position.
- That the employer is financially stable to pay the foreign worker and can afford to sponsor the worker.
Here adding just one half sentience to the Immigration Act of 1952 solves immigration reform and answers everyone’s concerns by giving states and federal agencies the ability to hire illegal aliens for jobs that no citizen or resident alien wants irrespective of the otherwise number limitations
Simply by raising the employment number that states and federal agencies can hire, the states can adopt their own employment plans to address their immigration problems and it would be beneficial to everyone
Doing so is real immigration reform that addresses everyone’ concerns:
- It is not an amnesty
- The illegals must work for the right to be citizens
- It not only saves the states money the states can probably even make money implementing the program
- it costs no citizens or legal immigrants any jobs
- No one is deported unless they do not participate in the program as it shows they are not really serious about becoming an American
- For the first party endorsing it, they will get the Hispanic support for at least another generation
Only an attorney could solve the problem because only an attorney as a trained problem solver could understand the law and how it would need to be changed to accomplish what everyone wants or at least what everyone would be willing to accept.
NOW HERE IS MY PROPOSED IMMIGRATION REFORM
I told you that adding one half sentence to the Immigration Act of 1952 is all that is needed and it is. The current number of EB 3 work visa which are permitted for each year are presently limted to 240,000. I simply propose that the number of visa for such workers be unlimited when the employer is a state of federal entity.
To do that I would change
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), : There is no limitation on the number of visa available through states and/or the federal government as employers, to the following classes of aliens who are not described in paragraph (2):
An EB 3 visa allows an employer to hire an alien worker for work no one in the US would do. As such hiring the illegal does no take away a job from neither a US citizen nor legal resident worker because they do not want it for that wage as they are either already a IS Citizen or already have a green card.
My proposal is that the state ie California hire the illegals at livable wages but below fair market and that the jobs they be assigned are ones that would not otherwise be offered at ordinary fair market pay to anyone. So this is the only wage that would be paid for the job no matter who did it.
Now no citizen would want the work at that pay. The illegals would take these jobs if they really want to become citizens because included therewith is the intangible value of guaranteed US citizenship though their own hard work. Simply put the illegal is earning his citizenship directly through his work. The low pay is not exploitative because the illegals get what they want most in the end that of
American citizenship and by doing it this way are moved ahead of other immigrants who have been waiting years to immigrate legally . On this issue I speak from experience. I am of Palestinian descent, I have relatives who waited years to be able to emigrate and doed while awaiting to consent to be given.
Now how does the state pay for the illegal employment? i figured that out as well. I was busy. I not only developed the law but figured out how to make it work as well. With business oriented attorneys you do not need politicians. Point in fact, most of the founding fathers were lawyers and businessmen. very few were career politicians. Now it is the opposite
There are initially three ways that I see and probably more can be found, after all I spent a day on this, imagine or a business attorney were to spend a week
- California’s infrastructure if is in a horrible condition. For example, the gas tax money seems to going to every project other than actually fixing the roads and bridges. The Governor’s office has issued its summary which is posted on this site that calls for a $53 billion five year infrastructure plan. An incredible $45 B is going to just the boondoogle high speed rail. The biggest amount is the cost is actual labor cost.
Now if the California Corporation Corps is used as it was designed to do and participate in some of the infrastructure projects. If it then, uses the services of millions of cheap illegal aliens who are willing to earn their citizenship by rebuilding the state over again and also learning trades while doing so, it is win for all.
All of this works because otherwise the projects would either not be built not as well not as fast, or not at all. Simply put, the use of illegals who do not have jobs in the California Conservation Corps would provide the source of cheap and reliable labor that would not otherwise be built because of otherwise prohibitively high labor coasts. It is just that simple without the cheap labor provided by illegals who are willing to do so in order to earn citizenship which carries an economic value to them, the state cannot get all of the projects done. Likewise, participants would get valuable job training so that in three years when they become citizens they can earn their own living for themselves and throe families probably as union workers.
- Another way and probably the most useful and practical one would be for the illegal alien to be an unpaid worker for state or local government providing a total 3600 hours before citizenship can be sought, I like this way because the illegal must give still must work for his citizenship yet controls how and when to do it. If the illegal already has a job. then he would not be taking a new job away from a citizen or legal resident but maintaining the status quo .while earning the green card. The work could be done after hours on weekends and holidays. In that case it would take longer time wise to complete the 3600 hours but otherwise it would not markedly interfere with life. In this vein I could see an a “Dreamer” or attorney or other professional who is an illegal, giving hours of work helping a government entity and those hours being counted towards the 3600 without otherwise affecting his practice. Likewise a truck driver could drive trucks for an agency and have the time counted. These all are jobs that no one else would do for no pay because there would be no money to pay for the jobs if they were not being done without pay but the illegals would do so to earn their citizenship. The work save the cities and state monies it does not have for services it would limit or not provide because of lack of funds. but otherwise cannot afford.
Another version of this would be if the person was already employed and could not do extra work to earn the citizenship would be to pay 5% of the wages being received to the state. For a person making $10 an hour the payment would be $.50 an hour. For a person earning $100,000 a year it would $5,000. Either way the person is helping defray the cost of the immigration program and at the same time earn US citizenship
- As a business man, I see yet another way for the state to come out on top. It could act an as employment agency and rent out the workers to private companies which cannot find workers. Businesses that are short of workers could hire the state illegals for jobs that would otherwise go empty. I have been using the term illegal for lack of a better descriptive term for this context,. The jobs being filled either be temporarily or full time as long as they those for which no citizen or resident alien wants. The worker would get 95% of the pay and the state would get 5% for runnign the progtam
The only way this works is if the illegal wants to be an American so badly that he will sacrifice time, effort and some money to work for that right. Anyone willing to do that should become a citizen.
I, if governor, would develop the employment programs so that any illegal wanting to become a citizen would be able to earn that right and once earned have the ability to be a productive American citizen.
Now in the converse, if an illegal does not want to work for his green card, he should be deported. It is not fair to the millions of illegals who want to work to their cards to have them given to those who can yet will not work for them. To opportunity is now here for illegal to become a citizen with dignity and effort. There is no reason not to work to earn that right.
My proposal is good for the country, good for the state, good for the people and good for Hispanics and indeed all illegal aliens who really wish to become citizens. It is just bad for the parties. If it passes the parties lose influence. The left cannot if it passes no longer count on Hispanics and illegals voting to for them just because they held out a vague future promise of one day getting amnesty whereas under my plan they get citizenship by actually earning it not as a gift for their vote. Likewise the right can longer vilify illegals as a drain on the country and taking jobs away from citizens and legal aliens as I have addressed that issue and show how my proposal answers that concern.
For forty years Hispanics have been promised immigration reform and have not gotten it. Now it is just a single lone tax attorney who is now saying that no one has to support either party in order to get immigration reform or for Hispanics and illegal aliens to become US citizens. Support should go to any politician Democrat or Republican who supports the reforms because it is they would be right, they would be just and they would be on the right of side history in doing so.
Now Immigration reform is federal, so unless a bill is introduced in Congress and passed it will never happen. This race will not get the bill introduced or passed. However if the governor of the biggest state in the Nation with a mandate of the people of California to push the bill, the 54 California representatives in Congress, including Speaker Nancy Pelosi, will see the writing on the wall and go with the will of the People on lose seats in the next election. Likewise if the Democrats or Republicans ever want to retake California, they would have to come around and support the reform. I have no sympathy for the politician who would in the future actually have to earn support by representing his constituency instead of using hate and fear mongering toi scare up support.
If you are Hispanic, liberal or business man would you vote for politician who does not support my proposal? If so for what reason? I cannot think of one.Through my proposal illegals can finally become legal residents and eventually citizens and know t that they did it through their own hard work. They would not owe anyone for this except of course me. When asked how they became citizens, they can say I was a Gabriel meaning with pride a person meaning a person who worked for his citizenship.
You know what could happen is that some or all of the candidates might suddenly come around and support the my immigration reform proposal. If that happens, you know what, that is fine with me. As long as the next governor supports this reform, we all win. In that case, I would be happy because writing a civil rights bill that gives freedoms and justice to millions while supporting the rule of law and also strengthening the economy of America is a good legacy for any attorney irrespective of winning an election and is a great a way to end a career.
For the progarm to work everyone has to be commited to its success. THE STTE, THE ILLEGAL WORKER AND THE EMPLOYER. To assure that there must be consequences for the illegal wo=ho does not want to earn his or her citozenship Thos cosnerquences would be
- All illegals would have 6 months from the passage of the initiative to regioter with the sate. Nyone not rehgsitering will be fund to have intnentionally decide not to particiapte and thereforer is inelegible to particpate and will be treated as any oridnry illegal aleine with no right to earn citizenship inder this program
- after the six mon perios, any empoloyer who either hires or reatins an illegal who has not registered with state for the program is lwill pay a $5,000 fine for evry such illagl empoloyee.
- every perosn in the state of californai, citizen, legal resident and fellow illegal, ios given provate right of action to sue in small claims court an employer who has employed an eilleagl woorker not regsted by twith the satte for the $5,000, If successful, the person can keep $4,000 and pay the state immigartion program the remianign $1,000. The threat of these fines wil force the employers to hire only regosted illegal workers and force the illegal workers to euther rigster and keep their job and earn their cirzenship or acknowledge that they do not want to be an American and return home.
It is montentally unfoar to have work miiilions of illegal workers work ftheir citaneship and paor pay 5% of their rwages in shaorder to apprticiapte in the program and earn their citsenzhip and yet have
other illegals have a job abd neither work to become a ciotizen. If a perosn does not want to be an Americna then thay perosn should retrn to the country where they really want to belong.
Another aspect of this prigram is that it may reduce crime. If illefgals areworking, they are not committing crime. The program sets ion motion programs foriilegals to find and keep jobs while earingn their citizenship. Thetre would be an end of illegals waiting outsideHome Depots or carrying signs asking for work. Jobs wuld be found for them through the state.