STRIVE ACT Worker Questions!
Question: I have heard about the 'Strive Act'. Is it law yet? What about the provisions of the new worker program (the H-2C)?
Answer: No. However, it is being debated in Congress at this time. To qualify for a new worker visa, the applicant would have to: 1) provide evidence of a job offer; 2) complete appropriate background checks; 3) pay a $500 application fee; 4) undergo a medical exam; and 5) be admissible under the immigration laws. The new worker visa would be valid for three years, and could be renewed once for three more years. International commuters are not subject to the time limitations. A limited number of bars to admission related to unlawful status, including the 3 and 10 year bars, would not apply; other bars could be waived for humanitarian reasons. Bars to admission related to crimes and security could not be waived.
Question: Can new workers bring their family members?
Answer: Yes, new workers may bring their spouses and children.
Question: Isn't the new worker program just like a guestworker program?
Answer: No. Unlike a traditional "guestworker program," new workers under the STRIVE Act [http://www.californiaimmigration.us/areas-of-practice/asylum/unhcr] receive many protections, sharply distinguishing this from past programs. The STRIVE Act includes the following protections: portability to another employer and the same labor conditions and benefits as provided to U.S. workers. In addition, new workers may not be hired where there is an ongoing labor dispute; may not be treated as independent contractors; and must be paid the greater of the actual wage paid to other similarly-situated workers or the prevailing wage for the occupational classification in the area of employment, taking into account experience and skill levels of employees; among other protections. New workers also receive travel authorization. Most importantly, the bill provides a path to permanent residency for qualified workers and their families and allows the worker to self petition after five years, so that he is not tied to an employer in order to gain permanent residency.
Question: Can you explain how the visa cap works?
Answer: The STRIVE Act sets numerical limitations on the issuance of new worker visas. For the first fiscal year of implementation, 400,000 new worker (H-2C) visas will be made available for use within this program. This number will adjust in accordance with the market.
Question: Can new workers be paid less than US workers?
Answer: No. The STRIVE Act specifies that new workers must receive the same wages, benefits, and working conditions as similarly employed U.S. workers.
Question: What does the STRIVE Act contain to ensure that new workers will not displace U.S. workers?
Answer: Employers that seek to employ new workers [http://www.californiaimmigration.us/undocumented-workers] must first offer the job to any eligible U.S. worker who applies, is qualified for the job and is available at the time of need. The employer must also meet rigorous recruiting requirements. New workers are also prohibited from working in areas with an unemployment rate of 9 percent or more for low skilled workers.
Question: Does the bill include any bars to admission for new workers? What about the 3 and 10 year bars?
Answer: All workers must show that they are admissible under the immigration laws. A limited number of bars to admission related to unlawful status (including the 3 and 10 year bars, removal orders, failure to meet labor certification requirements; presence without admission or parole; misrepresentation while seeking immigration benefits; document fraud; student visa abuse; among others would not apply; other bars could be waived for humanitarian reasons. Bars to admission related to crimes and security could not be waived.
Answer: No. However, it is being debated in Congress at this time. To qualify for a new worker visa, the applicant would have to: 1) provide evidence of a job offer; 2) complete appropriate background checks; 3) pay a $500 application fee; 4) undergo a medical exam; and 5) be admissible under the immigration laws. The new worker visa would be valid for three years, and could be renewed once for three more years. International commuters are not subject to the time limitations. A limited number of bars to admission related to unlawful status, including the 3 and 10 year bars, would not apply; other bars could be waived for humanitarian reasons. Bars to admission related to crimes and security could not be waived.
Question: Can new workers bring their family members?
Answer: Yes, new workers may bring their spouses and children.
Question: Isn't the new worker program just like a guestworker program?
Answer: No. Unlike a traditional "guestworker program," new workers under the STRIVE Act [http://www.californiaimmigration.us/areas-of-practice/asylum/unhcr] receive many protections, sharply distinguishing this from past programs. The STRIVE Act includes the following protections: portability to another employer and the same labor conditions and benefits as provided to U.S. workers. In addition, new workers may not be hired where there is an ongoing labor dispute; may not be treated as independent contractors; and must be paid the greater of the actual wage paid to other similarly-situated workers or the prevailing wage for the occupational classification in the area of employment, taking into account experience and skill levels of employees; among other protections. New workers also receive travel authorization. Most importantly, the bill provides a path to permanent residency for qualified workers and their families and allows the worker to self petition after five years, so that he is not tied to an employer in order to gain permanent residency.
Question: Can you explain how the visa cap works?
Answer: The STRIVE Act sets numerical limitations on the issuance of new worker visas. For the first fiscal year of implementation, 400,000 new worker (H-2C) visas will be made available for use within this program. This number will adjust in accordance with the market.
Question: Can new workers be paid less than US workers?
Answer: No. The STRIVE Act specifies that new workers must receive the same wages, benefits, and working conditions as similarly employed U.S. workers.
Question: What does the STRIVE Act contain to ensure that new workers will not displace U.S. workers?
Answer: Employers that seek to employ new workers [http://www.californiaimmigration.us/undocumented-workers] must first offer the job to any eligible U.S. worker who applies, is qualified for the job and is available at the time of need. The employer must also meet rigorous recruiting requirements. New workers are also prohibited from working in areas with an unemployment rate of 9 percent or more for low skilled workers.
Question: Does the bill include any bars to admission for new workers? What about the 3 and 10 year bars?
Answer: All workers must show that they are admissible under the immigration laws. A limited number of bars to admission related to unlawful status (including the 3 and 10 year bars, removal orders, failure to meet labor certification requirements; presence without admission or parole; misrepresentation while seeking immigration benefits; document fraud; student visa abuse; among others would not apply; other bars could be waived for humanitarian reasons. Bars to admission related to crimes and security could not be waived.
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