H1B Visa Lawyer Blog
On November 27, 2012, Senators Kyl (R-AZ), Hutchison (R-TX), and McCain (R-AZ) introduced the ACHIEVE Act. The ACHIEVE Act will allow individuals who meet the established criteria to obtain a series of conditional nonimmigrant visas designated as W-1, W-2, W-3.
Key differences from the DREAM Act:
– ACHIEVE Act does not provide a green card to the beneficiaries but creates instead a “permanent nonimmigrant status”
– ACHIEVE Act restricts eligibility to a more narrow class of individuals than DREAM
Some of the eligibility requirements for the initial W-1 visa:
– Initially entered the United States under the age of 14
– Under the age of 29 years on the date of enactment (32 years for those who earned a bachelor’s degree/associate’s degree prior to enactment of the Act)
– Continuous physical residence in the United States during the 5-year period preceding enactment
– Good moral character since the date of initial entry
-Has not been convicted of a felony, crime of moral turpitude, or a misdemeanor under Federal or State law punishable by imprisonment of more than 30 days. (Exception exists for traffic violation that does not include alcohol or controlled substances)
-Does not have a final order of removal (with some exceptions)
– Earned a high school diploma from a high school in the U.S. or a GED; AND
> Is enlisted/intending to enlist in the military;
> Is admitted as a student to an institute of higher education;
> Has earned a bachelor’s degree or an associate’s degree; or
> Has served for a period of at least 4 years in one of the branches of the Armed Forces and was not dishonorably discharged
Source of Information: “AILA InfoNet Doc. No. 12112746. (Posted 11/27/12)”
For more related information and other articles on the “ACHIEVE Act”, please review the following news stories.
Details surface on Rubio-GOP version of Dream Act
Achieve Act Introduced By Kay Bailey Hutchison, Jon Kyl
Hutchison, Kyl propose plan similar to DREAM Act – but without citizenship