History is upon us.  And not because of my interview on "The Edward Woodson Show."   

In my years practicing immigration law, never has the prospect of helping millions of people contributing to our society seemed so real.  Never has the prospect of fixing our broken immigration system to bring in entrepreneurs, highly educated individuals, and highly skilled workers seemed so tangible.  Never has the prospect of uniting broken families seemed so feasible.

Yesterday, the U.S. Senate introduced a detailed outline of the comprehensive immigration bill it expects to release this week.  The bill, which totals approximately 1,500 pages, will address three main areas: legalization of undocumented immigrants, modernization of the legal immigration system, and border security.  Below are only SOME of the highlights in each of the three areas:   

Legalization - "Si se puede!" 

After many years of fighting for their rights, undocumented immigrants have reason to be excited by the Senate's inclusion of a legalization program.  The Senate bill creates a Registered Provisional Immigrant ("RPI") status available to millions of undocumented immigrants that arrived in the U.S. before December 31, 2011.  RPI status, which would be valid for an initial period of 6 years, would allow individuals to work and travel.  

Individuals in the U.S. with deportation orders or who are currently in deportation proceedings would be eligible to apply for RPI status. Individuals outside the U.S. who were deported for non-criminal grounds would be eligible to apply for RPI status if they are the spouse or parent of a U.S. citizen or lawful permanent resident, or if they would qualify under the DREAM Act.   

An individual would not be eligible for RPI status if he or she has been convicted of certain crimes, unlawfully voted, or is inadmissible to the United States for criminal, national security, public health, or other morality grounds.

The Senate bill prescribes an initial one year application period during which individuals may apply for RPI status.  Applicants (other than DREAM Act eligible students) will be required to submit a $500 penalty, a yet-to-be determined application fee, and assessed taxes.  

After 10 years, if border security measures have been met (see below), an individual in RPI status can apply for a green card if he or she has been continuously physically present in the U.S., has paid taxes, worked in the U.S. regularly, demonstrated knowledge of English and Civics, and pays a $1,000 penalty fee.  In addition, no individual in RPI status may obtain a green card until all those currently waiting for a green card have had a chance to apply.      

Individuals in RPI status who qualify for the DREAM Act could obtain green cards in 5 years and would be immediately eligible for citizenship upon receiving a green card.   

Modernization of the Legal Immigration System

An absolutely critical piece of the legislation is the reformation of the current immigration system to accommodate U.S. demand for highly educated individuals, professionals, highly skilled workers, entrepreneurs, and temporary guest workers.  The bill eliminates the current backlog for family-based and employment-based visas through a merit-based visa system.   

The merit-based system will award points based on education, employment, length of residence, and other factors.  Individuals with the most points will qualify for the visas.     

The H-1B cap will be raised from 65,000 to 110,000, but in future years the cap can be increased to 180,000 visas.    

Spouses and children of lawful permanent residents will become "immediate relatives," and will not have to wait to apply for green cards.   

The bill also introduces the W visa for low-skilled workers that will fill positions determined by the government to be "shortage occupations."      

Border Security   

Within 180 days after the bill is enacted, the Secretary of the Department of Homeland Security must present border security plans to increase surveillance and fencing along the Mexican border.  The goal of the border security segment of the bill is to reach a 90% "effectiveness rate" in catching individuals attempting to cross the border without inspection.   

If the Department of Homeland Security does not obtain the 90% effectiveness rate within the first 5 years, then a bipartisan commission made up of the four border state governors and border security experts will be formed and charged with the task of reaching the same goal.     

The bill will also require all employers to use E-Verify to ensure employees are legally authorized to work, and introduces an exit system to track when travelers leave the United States.       

The soon-to-be-released Senate bill is certainly comprehensive, and will surely spark a fierce debate.  When all is said and done, we are not sure what the legislation will look like, or whether Congress will even pass immigration reform.  But the Senate bill gives us the best hope for immigration reform that I have ever seen.    

If you have any questions about immigration laws, please feel free to contact our office at 786-406-1744, e-mail us at info@ratzanlaw.com, or visit our website at www.ratzanlaw.com.