Immigration Attorney
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Wednesday, January 07, 2004

Today, President Bush proposed, in general terms, a new Temporary Worker Program for undocumented workers already employed in the United States, and for those in foreign countries who have been offered employment in the United States.

President Bush’s proposal could give legal status to millions of undocumented workers in the United States, and is closely modeled on legislation introduced last summer by Senator John McCain, The Border Security and Immigration Reform Act of 2003 (S. 1387), and The Border Security and Immigration Improvement Act of 2003 (HR 2899) introduced by Representatives Jim Kolbe and Jeff Flake.

The Temporary Worker Program does not provide amnesty to foreign nationals illegally present in the United States, and does not provide an automatic path to permanent residence or citizenship.

The legal status would expire after three years, with the ability to renew.

Temporary workers then must return home or apply for a green card through the existing process, unlike the blanket amnesty that was enacted in 1986.

The goal is to discourage future illegal entry by providing incentives such as the ability to travel internationally, and enhance workforce enforcement against those who violate immigration laws.

The Temporary Worker Program contains the following provisions:


• Employers must make every reasonable effort to find an American to fill a job before extending job offers to foreign workers;



• Enforcement against companies that break the law and hire illegal workers will increase;



• The United States will work with other countries to allow aliens working in the United States to receive credit in their nations’ retirement systems, and will support the creation of tax-preferred savings accounts they can collect when they return to their native countries;



• Temporary workers will be processed for citizenship behind those who are already in line; and



• A reasonable increase in the annual limit of legal immigrants to benefit those who follow the lawful path to citizenship.

What this means to you:

The Temporary Worker Program will not affect temporary visa and permanent employment programs already in existence for professional and skilled workers.

President Bush’s initiatives are only proposals at the moment.

Legislation for the Temporary Worker Program has not been formally introduced.

We will provide further information as soon as it becomes available.