On November 27, 2012, Senators Kyl (R-AZ), Hutchison (R-TX), and McCain (R-AZ) introduced the ACHIEVE Act. The ACHIEVE Act (“ACHIEVE”) will allow individuals who meet the below criteria to get conditional non-immigrant visas designated as W-1, W-2, W-3.

The initial W-1 visa requires:

• 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

Unlike the DREAM Act, ACHIEVE does not provide a green card to the beneficiaries but creates instead a “permanent non-immigrant status” and ACHIEVE restricts eligibility to a more narrow class of individuals.