Safe, Orderly Legal Visas and Enforcement Act of 2004 (SOLVE Act)

Senator Edward Kennedy (D-MA), Representatives Robert Menendez (D-NJ) and Luis Gutierrez (D-IL) and others on May 4 introduced a comprehensive immigration reform bill, the SOLVE Act of 2004 (Safe, Orderly Legal Visas and Enforcement Act of 2004). The SOLVE Act includes the measures necessary for reform: earned adjustment for eligible people already living and working in the U.S; family reunification through reduction; and a new temporary worker program.

The bill includes an earned adjustment for immigrants who have been in the U.S. for five or more years on the date of enactment and can demonstrate 24 months in the aggregate of employment (including self-employment) in the U.S. and payment of taxes. The principal applicant's spouse and unmarried children under 21 also would be eligible. Applicants would undergo criminal background checks and a medical examination, register with the Selective Services, and demonstrate an understanding of English and civics or be pursuing a course of study to achieve such understanding. Applicants would be able to travel and work with authorization while their application is pending. The bill also provides for administrative and judicial review for application denials. Applicants residing in the U.S. less than five years also would be eligible, after a background check, for transitional status of three years, during which they would be able to work with authorization and travel abroad. After 24 months of work in the aggregate, they would be eligible to adjust their status.

The bill deals with the need to reduce the backlog in family-based immigration by, among other provisions: exempting immediate relatives from counting towards the 480,000 ceiling on family-based immigrant visas and including immediate relatives of permanent residents; allocating a visa outside of the per-country caps to immigrants waiting more than five years; recapturing unused family-based visas in any given year and applying those visas to future years without per-country limitations; reducing the income test for the affidavit of support from 125% to 100% of the poverty level; and repealing the bars to re-entry.

The bill focuses on future immigration by reforming the current H-2B program and creating a new H-1D program. Both programs target workers with low- and semi-skilled positions. 250,000 visas would be available for H-1D workers for a two-year program that is renewable for two additional terms (6 years total). 100,000 visas would be available for H-2B workers for a nine-month program renewable for up to 40 months. These programs would not sunset. Immediate family members would be able to accompany the H-2B and H-1D workers, but would be eligible to work only if they themselves qualified for an H-2B or H-1D visa or other work visa. In addition, these workers would be able to move to another H-2B or H-1D job after three months. These programs would also include a path to permanent residency so that an employer could immediately petition for a worker upon initial employment or a worker could self-petition after two years of work.