Senate Vote Stalls DREAM Act

On December 18, 2010, a cloture motion fell five votes short of the 60 required to break a Republican filibuster of the Development, Relief and Education for Alien Minors Act (DREAM Act). On December 8, the House of Representatives had voted 216 to 198 in favor of the measure, but the Senate vote (55 to 41) effectively killed the measure for this legislative session.

The DREAM Act’s future remains uncertain because Republicans, who mostly oppose the measure, will have a majority in the House of Representatives and a stronger presence in the Senate in the forthcoming 112th Congress. Some supporters of the DREAM Act, however, were encouraged by the measure receiving majority backing in the Senate, including three yea votes from Republicans [Bennett (UT); Lugar (IN); Murkowski (AK)]. The New York Times reports that Democrats hope to revisit the measure next session, believing bipartisan cooperation on the issue is possible. 

Bill Would Grant Two-Year Visa to Entrepreneurs with U.S. Investor Backing

Senators John Kerry (D-MA) and Richard Lugar (R-IN) have introduced the StartUp Visa Act of 2010 (S. 3029), which would create a new visa category (EB-6) for foreign entrepreneurs. Foreign entrepreneurs would qualify for a two-year visa upon demonstrating that a qualified U.S. investor will dedicate at least $250,000 to his or her startup venture. Moreover, permanent resident status would be available to EB-6 visa holders after two years upon demonstration that the startup has:

  • created five full-time jobs in the United States (excluding employment of the entrepreneur’s spouse or children); and
  • secured $1 million in additional investment capital; or
  • generated $1 million in revenue.

The bill has been referred to the Senate Judiciary Committee.