“I don’t think they get the Z-visa then, but they get some kind of card that makes them legal until the receive the Z-visa.”
Section 601(h) Treatment of Applicants
(1) IN GENERAL —An alien who files application for Z-nonimmigrant status shall, upon submission of any evidence required under paragraphs (f) and (g) and after the Secretary has conducted appropriate background checks, to include name and fingerprint checks, that have not by the end of the next business day produced information rendering the applicant ineligible
(A) be granted probationary benefits in the form of employment authorization pending final adjudication of the alien’s application;
B) may in the Secretary’s discretion receive advance permission to re-enter the United States pursuant to existing regulations governing advance parole;
(C) may not be detained for immigration purposes, determined inadmissible or deportable, or removed pending final adjudication of the alien’s application, unless the alient is determined to be ineligible for Z nonimmigration status; and
(D) may not be considered an unauthorized alien (as defined in Section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))) unless employment authorization under subparagraph (A) is denied.
Yes, they get “probationary benefits” after 24 hours, not a Z-Visa. It probably doesn’t matter to the applicant. They get to stay forever.
4. MYTH: DHS only has only one day to complete background checks.
1. Probationary Period. The undocumented worker comes out of the shadows to acknowledge they have broken the law. In order to obtain probationary status, they must show they are employed and pass a preliminary background check. There is a provision in the bill that says DHS has one day to find a “disqualifying factor,” but that is not the end of the process. That is a very short term way of ensuring that if someone comes out of the shadows and admits their illegality, they will not be deported while the process is ongoing and can continue working while the full background check is completed. At any time if something pops up, the applicant becomes deportable, and will never have a chance at Z status and certainly not LPR status.
2. Z Status. If they have passed the hurdles above, the undocumented worker is considered for Z status. At this stage they must pay their $1,000 fine ($1,000 is just for a head of household – there is an additional fine of $500 for each dependent) and processing fees; are subject to updated background checks to make sure they have not committed crimes while in probationary status; agree to meet English and civics standards as a condition of renewal; and show employment. There is no one day “Treatment of applications” in this process. One must complete or agree to all of the above before they are able to achieve Z status.
3. LPR Status. Here, there is another $4,000 fine and more processing fees. More background checks are also conducted in order to make sure that the applicant has kept his or her record clean. The applicant will have had to have stayed employed and met the English and civics requirements. They will have to make an application from their home country, go to the back of the line, and demonstrate merit under the new green card points system. Then, and only then, will the undocumented worker obtain a green card.