FROM THE SENATE JUDICIARY COMMITTEE MAJORITY STAFF
S. 744: THE BORDER SECURITY, ECONOMIC OPPORTUNITY, AND
IMMIGRATION MODERNIZATION ACT
DAY THREE RECAP: SJC MAKES INROADS IN CONSIDERATION
OF CIR - #CIRMARKUP
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Spurring Innovation and Entrepreneurship
During Thursday’s markup session, the Committee approved amendments to strengthen the economy,
boost innovation and spur entrepreneurship. Amendments authored by Chairman Patrick Leahy and Senator
Sheldon Whitehouse and approved with unanimous support will strengthen the job-creating EB-5
Regional Center Program and make helpful improvements to INVEST visas for foreign
entrepreneurs.
The Committee also approved amendments to make improvements to the E-Verify provisions in the
underlying bill that will protect people from improper disclosure of information, provide privacy
notifications, and enhance the accuracy of the E-Verify program. Other amendments offered and
adopted Thursday will bolster protections against fraud and identity theft within the immigration
system.
Amendments Adopted Thursday
*NOTE: Summaries reflect purpose statements included in the proposed amendment.
Hirono4 – To provide for the eligibility of the Hong Kong Special Administrative Region for designation
for participation in the visa waiver program for certain visitors to the United States – Vote: 14-4 (Agreed
To)
Grassley71 – To propose a substitute for section 4403, relating to E-visa reform – Withdrawn
Leahy2 – To permanently authorize and improve the EB-5 Visa Program – Adopted by Voice Vote
Grassley76 – To require that the electronic system to monitor the presence and employment of W
nonimmigrants is fully implemented prior to the admission of W nonimmigrants – Withdrawn
Schumer5 (as amended) – To modify the W nonimmigrant visa program – Adopted by Voice Vote
Cornyn9 – To eliminate discrimination against American businesses – Withdrawn
Whitehouse1 (as amended) – To provide for qualified startup accelerators with respect to nonimmigrant
INVEST visas, and for other purposes – Adopted by Voice Vote
Lee18 – To increase the number of W nonimmigrant visas available during each fiscal year – Withdrawn
Lee19 – To limit certain complaints to W nonimmigrants – Withdrawn
Franken2 (as amended) – To enhance the accuracy of the E-Verify System – Adopted by Voice Vote
Grassley31 – To require the Director of U.S. Citizenship and Immigration Services to produce a detailed
weekly report that contains information about individuals for whom a nonconfirmation was received
through the Employment Verification System – Adopted by Voice Vote
Coons1 – To require the Secretary to develop protocols to notify individuals that a query for the individual
has been processed through the Employment Verification System and to submit other queries – Adopted by
Voice Vote
Grassley38 – To establish a program that allows parents to limit the use of their children’s social security
numbers to prevent identity theft – Adopted by Voice Vote
Grassley29 – To require all employers to use the Employment Verification System not later than 18
months after the date of enactment of this Act – Vote: 5-13 (Not Agreed To)
Franken4 – To provide for the establishment of the office of the Small Business and Employee Advocate –
Adopted by Voice Vote
Grassley35 – To delay the preemption of State and local laws relating to employment eligibility
verification until all employers are required to use the Employment Verification System – Vote: 5-13 (Not
Agreed To)
Blumenthal18 – To prohibit withholding of employment records as an unfair immigration-related
employment practice – Adopted by Voice Vote
Lee15 – To require intent in certain prohibitions on discrimination based on national origin or citizenship
status – Vote: 6-12 (Not Agreed To)
Whitehouse3 – To prohibit the use of the Employment Verification System to reverify employment
authorization of an employee from another employer’s workforce if there is substantial continuity in the
business of operations of the predecessor and successor employers – Withdrawn
Grassley34 (as amended) – Relating to the use of identity theft to harbor or hiring unauthorized workers in
violation of the Act – Vote: 8-10 (Not Agreed To)
Grassley36 – To require that an attestation as to an individual’s identity for purposes of work authorization
under section 274A of the Immigration and Nationality Act be made by the individual’s parent or legal
guardian – Adopted by Voice Vote
Markup to Continue on Monday, May 20, at 10:00 a.m.
The Committee has concluded consideration of the Pre-Title and Title I; has made significant progress on
Title IV; and has concluded consideration of E-Verify amendments. Chairman Patrick Leahy announced
today that the Committee will continue its consideration of the Border Security, Economic Opportunity,
and Immigration Modernization Act on Monday, May 20, at 10:00 a.m. The Committee is expected to
continue markup of the bill throughout next week.
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