WASHINGTON, D.C. – U.S. Senators Jon Kyl (R-Ariz.) and Kay Bailey Hutchison (R-Texas) have introduced legislation that they believe will provide a basis for compromise on the status of children brought to this country illegally.
The ACHIEVE Act, under development for more than a year, would provide legal status for eligible young people. The bill addresses the special circumstances of children brought into this country without following proper immigration procedures and, for the most part, know only the United States as their home.
Specifically, the proposal would put in place a special visa system for young people who intend to pursue a technical or college degree, or serve in the U.S. military.
“Many young people in this country are here illegally through no fault of their own. Relegating a potentially productive portion of the population to the shadows is neither humane nor good economic or social policy.
“Only those who have abided by our nation’s laws, while residing within its borders, would be eligible for continued legal status, and there is no automatic path to citizenship.
“We have attempted to accommodate those with the ambition to pursue useful educational degrees, or serve in the U.S. military. Moreover, our proposal prohibits the awarding of additional federal benefits,” Kyl and Hutchison said.
“While this legislation addresses a single facet of our nation’s complex immigration problem, it is nonetheless a step forward in addressing a time sensitive issue.”
Achieve Act in Detail
W-1 Status: Those with a W-1 nonimmigrant visa would attend school to earn a bachelor’s, associate’s, vocational/technical, or advanced degree, or serve in the U.S. military. A W-1 visa holder would have 6 years to get a degree or enlist to serve four years in the military.
To be eligible:
- Applicant must have lived in the United States for five years prior to enactment;
- Applicant must have entered the country before the age of 14;
- Applicant must have good moral character;
- Applicant must not have committed a felony, must not have committed more than one misdemeanor, must not have committed a crime of moral turpitude, and must not have a final order of removal pending;
- Applicant must have knowledge of the English language, of American history, and of principles of U.S. government;
- Applicant must be 28 or younger at the time of application (unless applicant is under 32 and possesses a bachelor’s degree from a U.S. college at the time of application);
- Applicants pay an application fee;
- Applicants complete a medical exam and submit biometric and biographic data as part of a background check.
To maintain W-1 visa status, visa holders:
- Must check in every six months with DHS, and be compliant with program requirements;
- Must not access public welfare benefits;
- Must not access federal student loans, or other federal benefits, but may work while in school
- Do not have access to a green card while here on the W-1 visa.
W-2 Status: After completing all W-1 education/military service requirements, a recipient can obtain a W-2 visa, which is a four-year nonimmigrant work visa (also allowed, study toward a master’s degree or higher).
Criteria for obtaining W-2 status:
- Recipient must have earned a bachelor’s, associate’s, or vocational/technical degree in the U.S. while here on the W-1 visa orhave served four years in the U.S. Armed Forces;
- Pay an application fee;
- Continue to meet W-1 criteria (no criminal record, check in with DHS, etc.).
W-3 Status: After completing four years of work while holding a W-2 visa, a recipient can then apply for a (permanent) nonimmigrant (no special pathway to citizenship) visa.
Criteria/conditions:
- Must have complied with all requirements/eligibility standards for W-1 and W-2 status;
- No eligibility for public welfare benefits;
- W-3 status renewable every four years;
- No new green cards are added in the Act, but a W-3 visa recipient could apply under current law to obtain one and get in line.
