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Reading The Fine Print, Part 5: No Illiterate Nonimmigrants

Sunday, May 20, 2007  |  posted by Hugh Hewitt

Title IV is the “NEW TEMPORARY WORKER PROGRAM”and it runs 94 pages.  These are the “Y visa” people, and I’ll leave it to others to assess this section.  I note just two provisions.

Section 218A ADMISSION OF Y NONIMMIGRANTS provides in subparagraph (d)(5)(C) that the applicant must (i)certify by signature that he or she “has read and understands all the questions and statements on the application form, (ii)certify under penalty of perjury that all statements are true and correct, and (iii) agree to the release of any information in the application for law enforcement purposes.

So we have the assurance of every future Y Visa worker being literate and bound by their oath not to have perjured themselves.

There is also, in subparagraph (m) “EVIDENCE OF NONIMMIGRANT STATUS” the assurance that each “y nonimmigrant shall be issued documentary evidence of nonimmigrant status, which…(3)may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B).”  The Y Visa thus seems to allow the holder to change jobs once inside the U.S., which is contrary to my understanding –which could be wrong as the bill is 630 pages– that Y Visa holders were coming into the U.S. to perform a specific job.


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