Discussion On The Politics of Immigration Reform (Comprehensive Or Otherwise)

[kd2008]

Undocumented have been advocating quite loudly for many years and have managed to bring big bucks to the table.
See this: http://www.nytimes.com/2014/11/15/us/obama-immigration-policy-changes.html

For legals it has been companies who have advocated and have invested millions. So interests of legal immigrants are really not a priority for Obama.

http://fivethirtyeight.com/datalab/who-might-be-included-in-obamas-immigration-overhaul/

The above link gives numbers for folks who might get relief. It does not talk about legals.

[anuprab]

omg I cant believe these stupid media guys...

http://www.foxnews.com/opinion/2014/11/13/cannot-afford-amnesty-for-illegal-immigrants/

[skpanda]

IMO .. these leaks are just a strategy to test the waters as to what kind of reaction they will get if they actually do the EO.

I do not know whether President will do EO or not (I wish he does and legals are included in it), however if he does not do it by the end of the year as promised, it is not going to happen in this President's tenure.

I personally believe the EO will not happen. I this is proven wrong, I will be very happy :)


Regarding Amnesty or whatever it is called: The moment it is done, it will just encourage people to break the law and illegally enter US. In the 80's it was 3Million by Reagen. now, it is 11 million. Next time it will be 30 Million. Do not forget that these people will be eligible to sponsor their family in their home country.

I am not against Immigration (I am an immigrant too). But rewarding those who broke the law is a slap on those that followed the law. Some of the countries have very good immigration system (Australia/Canada). Hope the legal immigration is overhauled by including channels for low skilled workers also so that this menace can be checked.

[gten20]

http://af.reuters.com/article/commoditiesNews/idAFL2N0T41TW20141114?sp=true


For example, lobbyists think the administration could finalize a regulation announced in May that would give work permits to spouses of some skilled immigrants with temporary visas.

The most ambitious proposal for tech would speed up long wait lists for green cards for employees on temporary H1B visas by changing the way their spouses and children are counted under an annual cap of 140,000.

But several lobbyists told Reuters they were not optimistic that the proposal would be accepted due to fears by some lawyers it could be challenged in court.

There are mixed reports about EO for legals.. just have to wait and watch. I personally don't have much hope that Obama will(can?) do anything to reduce employment based GC backlog. Obama has been stressing that if congress didn't act he will do anything he can within the law. So other than H4 EAD I don't expect anything. Ironically H4 EAD doesn't have to be via EO.

[ROCK72]

[QUOTE=imdeng;54509]If you only add up the negative numbers, then you get a number pretty close to 500K (486K in fact). Wonder if that is the rationale for the number floating around.

S.No FY EB TOTAL QUOTA Delta FB TOTAL QUOTA Delta EB + FB EB/FB Quota Delta
1 1992 116,198 140,000 (23,802) 213,123 226,000 (12,877) 329,321 366,000 (36,679)
2 1993 147,012 140,000 7,012 226,776 226,000 776 373,788 366,000 7,788
3 1994 123,291 140,000 (16,709) 211,961 226,000 (14,039) 335,252 366,000 (30,748)
4 1995 85,336 140,000 (54,664) 238,122 226,000 12,122 323,458 366,000 (42,542)
5 1996 117,499 140,000 (22,501) 294,174 226,000 68,174 411,673 366,000 45,673
6 1997 90,607 140,000 (49,393) 213,331 226,000 (12,669) 303,938 366,000 (62,062)
7 1998 77,517 140,000 (62,483) 191,480 226,000 (34,520) 268,997 366,000 (97,003)
8 1999 56,817 140,000 (83,183) 216,883 226,000 (9,117) 273,700 366,000 (92,300)
9 2000 111,166 140,000 (28,834) 242,539 226,000 16,539 353,705 366,000 (12,295)
10 2001 186,536 140,000 46,536 223,384 226,000 (2,616) 409,920 366,000 43,920
11 2002 171,583 140,000 31,583 194,458 226,000 (31,542) 366,041 366,000 41
12 2003 83,020 140,000 (56,980) 161,576 226,000 (64,424) 244,596 366,000 (121,404)
13 2004 157,107 140,000 17,107 217,565 226,000 (8,435) 374,672 366,000 8,672
14 2005 242,335 140,000 102,335 222,095 226,000 (3,905) 464,430 366,000 98,430
15 2006 133,622 140,000 (6,378) 218,857 226,000 (7,143) 352,479 366,000 (13,521)
16 2007 154,460 140,000 14,460 203,293 226,000 (22,707) 357,753 366,000 (8,247)
17 2008 162,949 140,000 22,949 226,105 226,000 105 389,054 366,000 23,054
18 2009 140,987 140,000 987 215,333 226,000 (10,667) 356,320 366,000 (9,680)
19 2010 150,262 140,000 10,262 226,651 226,000 651 376,913 366,000 10,913
20 2011 139,302 140,000 (698) 221,042 226,000 (4,958) 360,344 366,000 (5,656)
21 2012 144,648 140,000 4,648 207,535 226,000 (18,465) 352,183 366,000 (13,817)
22 2013 161,269 140,000 21,269 215,753 226,000 (10,247) 377,022 366,000 11,022

Totals>> 2,953,523 3,080,000 (126,477) 4,802,036 4,972,000 (169,964) 7,755,559 8,052,000 (296,441)

Agreed there is some FB->EB & vice versa flow for years in which quota is not fulfilled but sum total should balance out (assumptions; EB is 140 k/yr & FB is 226K/yr)> Since FY1992-2013, there will be total of 296K unused GC's.

[kkruna]

Someone talking about EB immigrants too


http://www.forbes.com/sites/stuartanderson/2014/11/14/will-president-obama-help-legal-immigrants-too/

[eb2ODer]

Legal immigration is again at the bottom of the barrel, still glad it's at least on the letter.. But the request couldn't have been more elusive.

From http://www.politico.com/story/2014/11/senate-dems-to-obama-were-with-you-on-immigration-112950.html


Another request from the senators was for Obama to make changes to the legal immigration system that would “keep immigrant families together, protect workers, and allow employers to sponsor more talented immigrants for U.S. citizenship.”

[gten20]

some glimmer of hope? Gurus.. opinions please.

http://www.nationaljournal.com/next-america/population-2043/obama-s-proposed-executive-action-doesn-t-touch-the-roots-of-immigration-dysfunction-20141117


2. To appease the tech community, the president is likely to make some 250,000 additional employment-based green cards available, but once they are exhausted, the long backlogs for green-card applicants (many from India and China) legally here would remain.


Finally, the administration is working with the State Department to "recapture" unused employment-based green cards from the past 20 years. That could clear the green-card backlogs of some legal immigrants who are living here on endlessly renewing H-1B visas waiting for a permanent visa slot to open up. Under the law, only 140,000 employment-based green cards are allowed per year, which makes for long waits for many foreign workers.

[gcq]

http://www.washingtonpost.com/politics/executive-order-on-immigration-would-ignite-a-political-firestorm/2014/11/16/f36951aa-6da3-11e4-8808-afaa1e3a33ef_story.html


You get the idea. Republicans ain’t happy — and they are likely to get a lot less happy over the next week or so. No matter what congressional response McConnell and Boehner craft — and they are undoubtedly looking at their options — the most obvious and predictable outcome of Obama’s expected move on immigration is that any hope of bipartisanship on much of anything in the 114th Congress, set to convene in January, would probably be out of the question.


Obama knows that. And it would seem he doesn’t care. Or rather, he has made the calculation that the chances of genuine bipartisanship on virtually anything was so low in the first place that it didn’t make sense not to do what he believes is the right thing. The post-grand-bargain-collapse version of Obama is far less willing to extend his hand to Republicans — having, in his estimation, had it bitten so many times before. He views the “now the well is poisoned” point being made by Republicans as laughable.

[Fedup14]

Just hypothetically if thru EO - 220000 additional GC allocated to employment based category, will then all EB categories will become current? I don't have perm approved data for all categories available, but current pending inventory (appro 100000) + approved 140's = will make all EB's current?

[gten20]

http://thehill.com/blogs/blog-briefing-room/224442-gutierrez-on-obama-immigration-plan-i-know-that-its-going-to-be-big

Gutierrez said the plan would have multiple parts.

"It's going to include millions of people," he said. "It's going to have various parts. I mean we have an agricultural industry. You know, a lot of times the B roll shows the people working in the fields doing that hard, back-breaking work. It's going to have a high tech component. It's going to have a component that's going to keep children together with their moms and their dads."

[qesehmk]

Two good articles:
1. How obama plan affects millions undocumented. (Don't get disheartened that it doesn't show EB. I am certain if there is EO it will address EB.)
http://www.nytimes.com/interactive/2014/11/15/us/politics/obama-immigration-plan-could-affect-millions.html

2. Discussion on how this time is different and why there won't be lawsuits other than those brought by states.
http://www.washingtonpost.com/politics/obamas-potential-immigration-plan-could-enter-uncharted-territory/2014/11/17/3e5be738-6dde-11e4-ad12-3734c461eab6_story.html

[abcx13]

Bloomberg reporting as early as Thurs now but no mention of visa recapture. Only 29 month OPT.

http://www.bloomberg.com/news/2014-11-18/obama-immigration-orders-said-to-include-parents-of-citizens.html

[gten20]

Bloomberg reporting as early as Thurs now but no mention of visa recapture. Only 29 month OPT.

http://www.bloomberg.com/news/2014-11-18/obama-immigration-orders-said-to-include-parents-of-citizens.html

It talks about expanding the OPT program. If EO only has OPT expansion then that would be terribly disappointing. I wrote an email to the reporter and asked if they got any information about reducing backlogs for employment legal immigrants. Lets see if they update the article and/or respond back to my email.


To contact the reporters on this story: Heidi Przybyla in Washington at hprzybyla@bloomberg.net; Mike Dorning in Washington at mdorning@bloomberg.net

[gten20]

It talks about expanding the OPT program. If EO only has OPT expansion then that would be terribly disappointing. I wrote an email to the reporter and asked if they got any information about reducing backlogs for employment legal immigrants. Lets see if they update the article and/or respond back to my email.

Got a response back from Mike Dorning. He said he did not get any other elements from his source, except for OPT expansion and the estimate of total number of people affected.

It's nice that some of the reporters respond back to your questions.

[abcx13]

Got a response back from Mike Dorning. He said he did not get any other elements from his source, except for OPT expansion and the estimate of total number of people affected.

It's nice that some of the reporters respond back to your questions.


It's possible that recapture is in there and his sources just failed to mention it. Or at least that's what I hope. All the other articles have been consistent about recapture.

[gten20]

It's possible that recapture is in there and his sources just failed to mention it. Or at least that's what I hope. All the other articles have been consistent about recapture.

It's possible. Mike didn't say that his source either denied or suggested that there is nothing other than OPT expansion for legals.

But there have been mixed reports about recapture and not counting dependent against cap as being murky and could be challenged in courts. Obama has consistently said that he will do everything to fix immigration within the limits of law.

Let's see if Obama provides any relief to clear backlogs.

[mohan_jgd]

Got the following in an email from the "site that cannot be named". Please take it with a pinch of salt and feel free to delete if the message is inappropriate for this blog. It looks like we will know soon what's in store for us. The crux of the email is as follows:

In addition to recapture of unused green cards and EAD for H-4 visa holders, ** has pushed for many different quality of life fixes to the system. We expect that a combination of the following fixes, in some variation, will be announced very soon by the administration.

Allow applicant to submit and DHS to receive Adjustment of Status application when a visa number is not available.

Providing clarity to current law by clearly defining "Same or Similar Occupation Classification".

Providing the immigration case related paperwork to the beneficiary by USCIS and Department of Labor. Currently, immigrants do not have access to their own immigration paper work making them beholden to the employers, skewing the labor market.

Improving the system so that immigrants are not required to re-file and start employment based visa process all over again every time they change employer. This aspect of the system is being excessively abused by bad employers in marketplace to coerce and threaten immigrant employees from changing jobs, resulting in employee exploitation and preventing labor mobility.

Allow porting of Priority Date between primary applicant's Employment Based green card petition and Spouse's Employment Based green card petition.

Making Visa Bulletin 'Current' allowing applicants to adjust status.

Providing clarity for allowing immigrants to start companies and work for their own companies on Optional Practical Training (OPT), Employment Authorization Document (EAD) pending Adjustment of Status and H1-B visas, without impractical restrictions that are not required by the existing law.

Grant automatic extensions for 240 days of Work Authorization and Advance Parole if extension was filed prior to expiry of Work Authorization or Advance Parole.

[iatiam]

Mohan, Thanks for sharing.

Wow this is big. I can't wait till this really happens. Even if one or two these proposals happen, it would be a bonanza for legals.

Iatiam

[girish989]

Mohan, Thanks for sharing.

Wow this is big. I can't wait till this really happens. Even if one or two these proposals happen, it would be a bonanza for legals.

Iatiam

CNBC confirmed that announcement is going to come on Friday in Vegas.

[abcx13]

WSJ on my phone just sent a push notification saying BO will announce EO on Fri.

[psychedelicNerd]

This is it. If legals do not get anything out of this reform, then we just have to suck it up. I'll keep hoping though, it's a good thing and no good thing ever dies.

[gcq]

Regarding IVs list, don't assume all of them are to be included in the EO. ** itself doesn't know what is really in the EO. The items they have listed is the ones they requested.
** letter starts with the following words:


While the exact details are unknown at this time, there are some specific reforms that we have requested

[qesehmk]

This is it. If legals do not get anything out of this reform, then we just have to suck it up. I'll keep hoping though, it's a good thing and no good thing ever dies.
Legals will get something out of it. I will be shocked if there is nothing in there. However - my guess is - the president can only give legals something like ability to file 485 without dates being current. I think he will earn legal vote if he recaptures prior wasted visas via this EO.

[psychedelicNerd]

Legals will get something out of it. I will be shocked if there is nothing in there. However - my guess is - the president can only give legals something like ability to file 485 without dates being current. I think he will earn legal vote if he recaptures prior wasted visas via this EO.

I actually think that concurrent filing is what we would get too and that in itself is a major relief for a lot of us. Gotta wait and see.

[abcx13]

If it's just I485 filing, that would sort of be lame. After all the leaks about recapture, I'm really hoping it's true.

[skpanda]

http://www.washingtonpost.com/blogs/post-politics/wp/2014/11/19/obama-to-speak-friday-in-las-vegas-as-he-readies-new-immigration-policy/


http://www.politico.com/story/2014/11/obama-immigration-plan-unveil-113022.html?hp=l2_4


Friday is the day!

(Source for these links: OH Immigration law firm)

[imdeng]

It would be pretty lame. I am still hoping for recapture as well but the signs are not good at this moment. That chatter is slowly dying away.

If it's just I485 filing, that would sort of be lame. After all the leaks about recapture, I'm really hoping it's true.

[abcx13]

It would be pretty lame. I am still hoping for recapture as well but the signs are not good at this moment. That chatter is slowly dying away.

Maybe I'm being foolishly optimistic but I think that might be because everyone is focusing on illegals.

[amulchandra]

Perm filing for Indians will come down drastically in the next couple years if I 485 can be filed without dates being current. Once an employee gets EAD he/she is a free bird and employers (both Desi and US corps)
hate the thought itself. Perms will be filed very late when H1b is nearing 5th year end.

[kuku82]

http://www.washingtonpost.com/blogs/post-politics/wp/2014/11/19/obama-to-speak-friday-in-las-vegas-as-he-readies-new-immigration-policy/

They are now saying announcement is coming tomorrow.

[psychedelicNerd]

http://thehill.com/homenews/administration/224700-dhs-chief-obamas-immigration-order-will-be-comprehensive

This talks about fixing the broken Legal Immigration system as well. The announcement will be done at 8 pm EST Thursday. Looking forward to it.

[aquatican]

Wow! it will be unbelievable to see this happen. Everything has fizzled out in the past like comprehensive, HR 3012. While i am excited i will ONLY do a a mini celebration when i see the announcement.

[vyruss]

Does EB2I benefit without recapture or elimination of Country quota?? The current rumor mill is just pointing to OPT extensions and H4 EAD eligibility at best. Does ayone have insights on that?

[imdeng]

More data that just points to some form of OPT extension:
http://www.bloomberg.com/news/2014-11-19/obama-said-to-include-tech-visas-expansion-in-immigration-plan.html?hootPostID=7a681d3aba26cd780449407418bf7 5d6

The signs are not good. Recapture - or indeed anything to do with EB is not finding a place in recent reporting. Prepare to be disappointed again folks. Perhaps OPT is what they meant by the "state dept visa program" in the first leak.

Deferred deportation is easy to justify under prosecutorial discretion. Recapture provides for additional GC beyond the annual cap - much difficult to legally justify as executive action. Still - fingers crossed - with a heavy and sinking heart.

[aquatican]

They should at least make it possible to file I485 without being current so we get EAD/Parole. as imdeng rightfully said - " fingers crossed - with a heavy and sinking heart"

[qesehmk]

Perhaps OPT is what they meant by the "state dept visa program" in the first leak.

Nope. OPT is not a visa. It is right to work or EAD.



Deferred deportation is easy to justify under prosecutorial discretion. Recapture provides for additional GC beyond the annual cap - much difficult to legally justify as executive action. Still - fingers crossed - with a heavy and sinking heart.
Obama can easily make argument that they are only recapturing visas that were already authorized under law. I think that does fall under executive privilege and wouldn't be considered breach of laws. Whether he will do it is entirely different question - one we will know the answer to - tomorrow.

[kkruna]

Strategically, doing some stretch action on EB Green Cards now will not attract as much opposition as it would if it were done alone. So I would be surprised, if he would let down the tech companies. Fingers crossed...

[PD2008AUG25]

Strategically, doing some stretch action on EB Green Cards now will not attract as much opposition as it would if it were done alone. So I would be surprised, if he would let down the tech companies. Fingers crossed...

Yeah, it should have something for everyone including enforcement. That way he can maintain Immigration Reform alliance to fight the antis.

[qesehmk]

Looks like 8 pm Thursday is confirmed when Obama will speak live and announce EO.

http://www.nbcnews.com/politics/immigration/obama-announce-executive-action-immigration-thursday-n251796

[mohan_jgd]

The below NYT article talks about revamping legal immigration for high-tech workers as one of action items from EO.

http://www.nytimes.com/2014/11/20/us/politics/obama-immigration.html?smid=tw-share&_r=0

[gs1968]

Nope. OPT is not a visa. It is right to work or EAD.



Obama can easily make argument that they are only recapturing visas that were already authorized under law. I think that does fall under executive privilege and wouldn't be considered breach of laws. Whether he will do it is entirely different question - one we will know the answer to - tomorrow.

To Q

According to Numbers USA the law clearly states how any unused visas may be used by transferring between FB and EB categories

https://www.numbersusa.com/content/files/pdf/Fact%20Sheet%20Visa%20Recapture.pdf

It appears that they are being very careful to avoid possible litigation and sticking to prosecutorial discretion where the wiggle room is extensive

Unfortunately the situation is further hampered by numerous attempts in the last decade by both chambers of Congress to amend the INA 90 to specifically allow recapture of visas from previous years thus cementing the original intent of the law-AC21 being the prime example that was successful.

Interestingly at one point the Heritage foundation thought that recapture was a good idea and supported it

http://www.heritage.org/research/reports/2005/10/recapturing-visas-a-sensible-temporary-fix-for-americas-foreign-worker-problem

There have been at least 2 other bills in Congress that have tried to achieve the same end but never got a final vote
1.Rep.Lantos introduced a Bill in 2005 to alleviate nursing shortages and increase immigration of nurses especially from the Philippines

http://shusterman.com/pdf/lantos105.pdf

2.The more well-known effort was actually bi-partisan and well-written in the 110th Congress (Lofgren-Sensenbrenner)

http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.5882:

If we research more extensively we may find more examples of this.More recently sec.2304 of the Senate Bill S.744 dealt specifically with visa recapture.

As you have mentioned yourself in previous posts-the legal immigration process is very clearly set out in the law thus making a court challenge that much more credible

In my opinion he should just go ahead and include it with the worst possible scenario being a Court striking it down if they think it runs counter to current law.At least the president and all of us will get the satisfaction that it was given an honest try

[qesehmk]

As you have mentioned yourself in previous posts-the legal immigration process is very clearly set out in the law thus making a court challenge that much more credible

gs1968 - I am not sure I said that at least not in that way. Yes indeed there is a process prescribed by law. But laws are always subject to interpretation and discretion and executive privilege is another thing.

By the way - Boehner was asked how he will challenge president in the courts and he was unable to name a lawyer that will go with GOP in challenging president on immigration. Which is why the only way this will be challenged in courts is if some of the states bring lawsuits against this in the courts.

[Spectator]

Looks like 8 pm Thursday is confirmed when Obama will speak live and announce EO.

http://www.nbcnews.com/politics/immigration/obama-announce-executive-action-immigration-thursday-n251796There's an official White House blog entry (http://www.whitehouse.gov/blog/2014/11/19/tune-president-addresses-nation-immigration-reform) from Josh Earnest confirming it.

[abcx13]

More data that just points to some form of OPT extension:
http://www.bloomberg.com/news/2014-11-19/obama-said-to-include-tech-visas-expansion-in-immigration-plan.html?hootPostID=7a681d3aba26cd780449407418bf7 5d6

The signs are not good. Recapture - or indeed anything to do with EB is not finding a place in recent reporting. Prepare to be disappointed again folks. Perhaps OPT is what they meant by the "state dept visa program" in the first leak.

Deferred deportation is easy to justify under prosecutorial discretion. Recapture provides for additional GC beyond the annual cap - much difficult to legally justify as executive action. Still - fingers crossed - with a heavy and sinking heart.

Same reporter as last night's article. I think his source just didn't mention the recapture - doesn't mean it can't be in the final bill. Ridiculous though that illegals get all the coverage...

[Kanmani]

This is from the WH... https://www.facebook.com/video.php?v=10152967942944238&set=vb.63811549237&type=2&theater

I thought tomorrow is the D-day, but looks like he is unveiling his plan tomorrow, followed by support rally is LV. Am I missing something or tomorrow is the day?

[gcq]

More data that just points to some form of OPT extension:
http://www.bloomberg.com/news/2014-11-19/obama-said-to-include-tech-visas-expansion-in-immigration-plan.html?hootPostID=7a681d3aba26cd780449407418bf7 5d6

The signs are not good. Recapture - or indeed anything to do with EB is not finding a place in recent reporting. Prepare to be disappointed again folks. Perhaps OPT is what they meant by the "state dept visa program" in the first leak.

Deferred deportation is easy to justify under prosecutorial discretion. Recapture provides for additional GC beyond the annual cap - much difficult to legally justify as executive action. Still - fingers crossed - with a heavy and sinking heart.

Recapture can be part of EO: here is why

Though law states that unused visas need to be returned to DOS, the law when written never foresaw USCIS wasting visa due to their inefficiency. That is where administrative discretion comes in. President can act administratively fix the inefficiency in the system,

[tenyearsgone]

There is a risk:benefit ratio involved .. and the benefit of doing something for legal immigrants is pretty low. It actually increases the risk of legal challenges. I would honestly be surprised if some tangible benefits are included for the EB/FB community (specifically in terms of reducing backlog). More likely that benefits for EB will be along the lines of longer OPT, H4 EAD, EAD with I-140, Permanent Perm for a employee (so no new perm required after job/position change) and such.

[ROCK72]

This is from the WH... https://www.facebook.com/video.php?v=10152967942944238&set=vb.63811549237&type=2&theater

I thought tomorrow is the D-day, but looks like he is unveiling his plan tomorrow, followed by support rally is LV. Am I missing something or tomorrow is the day?

I watched the WH PDB, tomorrow is unveiling, Friday is signing in LV.

[psychedelicNerd]

http://uk.reuters.com/article/2014/11/14/usa-immigration-tech-idUKL2N0T41TW20141114

This is the first time I have ever seen an article focusing completely on Legal Immigration issues with regards to the executive order. Something will be done, but the extent of it is unknown. Few more hours. Let's hope for the best.

[abcx13]

http://uk.reuters.com/article/2014/11/14/usa-immigration-tech-idUKL2N0T41TW20141114

This is the first time I have ever seen an article focusing completely on Legal Immigration issues with regards to the executive order. Something will be done, but the extent of it is unknown. Few more hours. Let's hope for the best.

Kind of discouraging but let's see what happens. This article is from last week.

If we only get work visas for H4s, that would be super lame and just make the queues longer.

[skpanda]

Many people here mentioned that it would be lame if we do not get this/that.

My opinion, Its been such a long wait and so many disappointments over the last few years, I will take anything they do for Legals. Even if we get the H4 EAD, that itself would be a great relief.

Anything more than H4 EAD is bonus.

[mesan123]

Can we have hope something will be done to Legals as well or is it toomuch to Hope :confused:

Q or Spec or Gurus what do you guys think?

[iatiam]

We all have waited too long. So lets wait a few more hours and see what happens. Speculation and over-reading will only lead to disappointment or over-expectation. Don't get me wrong, but after all these years of waiting and debacles like HR3012 have mellowed me a little.

Wish I could pop a sleeping pill and go to sleep until thursday evening

[kd2008]

Have guys not learned a thing from past debacles? It is foolish have this optimism or hope! This executive action's target is undocumented. Not legal or documented folks like us! We may get a few crumbs. But we are not the courted audience so to speak. So stop asking what will happen ? What can we expect?

Expect nothing!

[qesehmk]

Can we have hope something will be done to Legals as well or is it toomuch to Hope :confused:

Q or Spec or Gurus what do you guys think?
I am very confident ( nay certain) that if there is action for undocumented ones then there will be some actions for documented one. No doubt about that.

But whether the action will include visa recapture - I do not know.

[mesan123]

I am very confident ( nay certain) that if there is action for undocumented ones then there will be some actions for documented one. No doubt about that.

But whether the action will include visa recapture - I do not know.

Thank you for the response Q....If there is an action what can we expect ??? I understand it wont Visa recapture.....

Just trying to understand here......Me not loosing sleep over it.....But knowing what to expect from gurus .....as most of the times your and Spec's and nishanth's guess was right....

[kkruna]

If I were to guess, these look likely:
1. H4 EAD
2. Increased period for OPT
3. Changes to filing procedures - probably those with approved I-140 can file I-485 and get EAD as they wait in queue.

[qesehmk]

Well Spec in all likelihood is working with Obama's advisors ... oink oink!! So you are stuck with me! Nishanth has become a big boss now so I don't think he finds much time to visit the forum - other than the fact his daughter makes him dance him on one finger.

Anyway -- so I believe the biggest favor he can do is allow people to file 485 without dates being current. I think that will happen with 60% chance.
Visa recapture will happen with 40% chance.
H4 EAD should happen with 80% chance.
Increasing length of OPT - probably won't happen.

Please understand these are wild guesses. So don't hang onto any of them.


Thank you for the response Q....If there is an action what can we expect ??? I understand it wont Visa recapture.....

Just trying to understand here......Me not loosing sleep over it.....But knowing what to expect from gurus .....as most of the times your and Spec's and nishanth's guess was right....

[mesan123]

Well Spec in all likelihood is working with Obama's advisors ... oink oink!! So you are stuck with me! Nishanth has become a big boss now so I don't think he finds much time to visit the forum - other than the fact his daughter makes him dance him on one finger.

Anyway -- so I believe the biggest favor he can do is allow people to file 485 without dates being current. I think that will happen with 60% chance.
Visa recapture will happen with 40% chance.
H4 EAD should happen with 80% chance.
Increasing length of OPT - probably won't happen.

Please understand these are wild guesses. So don't hang onto any of them.

Thank you again for response Q...... I was not catching up often in the forum from last one year......as was blessed with another Little boy yearly this year....so I can understand Nishanth's struggle

So I will make sure I will not disturb Spec for next couple of days :)
anyway nice catching up with you after long

[nbk1976]

How about AOS applicants in limbo (EB I-485 pending) for over 3 years (just to use a number)? If their applications are pre-adjudicated and they have been with the GC sponsor all through that time, can they be given relief to change jobs with more flexibility? Perhaps dropping or loosening the "same or similar" job requirement? I am sure this will only involve changes to DHS internal policy.

[anuprab]

http://m.wsj.com/articles/obama-to-announce-executive-actions-on-immigration-friday-sources-say-1416410043?mobile=y

This article specifically states no visa recapture! Wasn't this the easiest one to do on the list? Are we set up for a big disappointment tomorrow? My worst fears seem to be coming true..

[abcx13]

http://m.wsj.com/articles/obama-to-announce-executive-actions-on-immigration-friday-sources-say-1416410043?mobile=y

This article specifically states no visa recapture! Wasn't this the easiest one to do on the list? Are we set up for a big disappointment tomorrow? My worst fears seem to be coming true..

Yay! Looks like legals get screwed again. The only thing for legals seems to be OPT extension which only clogs up the system more. Hurray, Obama!

[CleanSock]

Can somebody copy paste part of the article that talks about legal immigration for those who don't have subscription to WSJ?

Thanks



http://m.wsj.com/articles/obama-to-announce-executive-actions-on-immigration-friday-sources-say-1416410043?mobile=y

This article specifically states no visa recapture! Wasn't this the easiest one to do on the list? Are we set up for a big disappointment tomorrow? My worst fears seem to be coming true..

[abcx13]

Can somebody copy paste part of the article that talks about legal immigration for those who don't have subscription to WSJ?

Thanks

One provision sought by businesses, particularly high-tech companies, isn’t in Mr. Obama’s package, this person said. It would have made available employment visas that were unused in previous years.

[devi_pd]

Can somebody copy paste part of the article that talks about legal immigration for those who don't have subscription to WSJ?

Thanks

Here is the part that talks about recapture.

One provision sought by businesses, particularly high-tech companies, isn’t in Mr. Obama’s package, this person said. It would have made available employment visas that were unused in previous years.

[CleanSock]

Thanks devi_pd. It is very disappointing.


Here is the part that talks about recapture.

One provision sought by businesses, particularly high-tech companies, isn’t in Mr. Obama’s package, this person said. It would have made available employment visas that were unused in previous years.

[sportsfan33]

If Obama is only hell bent on raining down the OPTs, I don't know what to call it. I don't have an adjective. It proves that Obama is squarely in the pockets of the corporations and the only change he got in DC is the same old thing on steroids.

OPT/F1 is one of the most abused visas today. And it is not the student's fault either. Most of these students are from middle class backgrounds and they make an investment in the US. To their chagrin, they realize that the time and money they spent in the US is a waste because getting a sponsorship is next to impossible these days. Then, they have to do the most dastardly acts to survive. Working on gas stations, in restaurants, in liquor shops becomes common. The sponsorship never comes along. Plenty of them then become illegals, and I suppose they could be taken care of only if they produce anchor babies in the US. If you think about it, your head will start spinning.

So Obama wants more of this now. How do you make it easy for the students Mr. BO when all of the H1Bs are taken in a blanket fashion by the so called "MNC consultancies"?

By taking this ill advised and rash action, Obama is destroying any opportunity for a bipartisan Congress approved sensible solution to the existing backlog of legal immigrants. I am afraid that there is tremendous anger among the people over amnesty to "illegals" (sorry, I don't want to use euphemisms here). People mostly understand they were fooled once (1986), promised the borders would be closed which did not happen and in 30 years, it multiplied the problem 4-fold. They say "fool me once, shame on you. Fool me twice, shame on me". Whatever EO Obama has in mind, it will bring about some kind of permanent tipping point. I cannot anticipate how it will shape the future politics. Whatever it is, it is bye bye legal immigration reform.

Obama is our modern day Emperor Nero. All hail the Caesar..

[gcq]

From ** site:


We would be very happy, rather astounded if the President decides to do recapture and/or dependents exemption. This is one of those things where we would welcome to be wrong in our assessment. We have also separately asked and advocated for recapture and dependents exemptions but the truth is that the chances are very less for recapture and/or dependents recapture, and we are only helping you manage your expectations ahead of the announcement.

Now that is out of the way, let me mention this. It is because of immature folks who cannot have a civil discussion that it is difficult to share what we know. As soon as we share something real, there is always one to those idiot hiding somewhere who immediately pop-up its head just because he doesn't like the message. And then this group of mostly handful of immature folks start with attacking the messenger as if immediately the other person is the mortal enemy. Grow up please.

[qesehmk]

Obama is our modern day Emperor Nero. All hail the Caesar..reserve your judgement till evening sports!

[venkat]

This is what i heard on the radio this morning

1)Visa Capture - not happening
2) increase in H1B quota for people with US Masters degree in STEM field

Nothing about H4 EAD or Increase in OPT length..May be they highlighted the big 2 takeaways alone. We will know at 8 tonight!!!!!

[kd2008]

http://m.wsj.com/articles/obama-to-announce-executive-actions-on-immigration-friday-sources-say-1416410043?mobile=y

This article specifically states no visa recapture! Wasn't this the easiest one to do on the list? Are we set up for a big disappointment tomorrow? My worst fears seem to be coming true..

Visa recapture was one of the hardest thing to do if have read Spec's musing on this.

Why would there be any disappointment? I have no expectations. Anything we get is better than status quo.

[anuprab]

Visa recapture was one of the hardest thing to do if have read Spec's musing on this.

Why would there be any disappointment? I have no expectations. Anything we get is better than status quo.

my bad sorry for being ignorant. one last hope is EAD while filing I-140 and easy rules for changing jobs / filing PERMS when waiting for visa #s. Hope that isn't too much to ask from the POTUS :(

[Spectator]

reserve your judgement till evening sports!Q,

I'm with you on this, hence my lack of comments on the subject.

I will reiterate something I said at the very beginning when the prospect of EO was first raised.

It is significantly harder to help, via EO, those already in the legal immigration system precisely because they are in legal status. That is very well covered by the INA and allows less discretion. My understanding is that EO can neither create new law, nor ignore/break current law. That must be done via Congress in the form of a Bill.

On the other hand, action for those not in legal status, is in the form of prosecutorial discretion within the current law. That is significantly easier for EO to accomplish.

Whatever happens, my biggest gripe with the approach remains that significant portions of the legal community do not have access to benefits such as EAD. It seems grossly unfair to accord that privilege to a group that do not have legal status while denying it to people that have maintained legal status.

[mesan123]

Q,

I'm with you on this, hence my lack of comments on the subject.

I will reiterate something I said at the very beginning when the prospect of EO was first raised.

It is significantly harder to help, via EO, those already in the legal immigration precisely because they are in legal status. That is very well covered by the INA and allows less discretion. My understanding is that EO can neither create new law, nor ignore/break current law. That must be done via Congress in the form of a Bill.

On the other hand, action for those not in legal status, is in the form of prosecutorial discretion within the current law. That is significantly easier for EO to accomplish.

Whatever happens, my biggest gripe with the approach remains that significant portions of the legal community do not have access to benefits such as EAD. It seems grossly unfair to accord that privilege to a group that do not have legal status while denying it to people that have maintained legal status.

Rightly said Spec...last statement is right.....Atleast EAD would give biggest relief to many of us waiting for almost a decade here ......I know it can happen or not.....but just hope that he gives it for everyone

[sportsfan33]

Q,

If the EO goes as reported in which BO grants an extension of stay to X million people by granting them EADs while applying bandaid patches to legal immigrants, it is going to have the following short term effects:

- People will be extremely angry.
- Immigration bipartisanship will end at least temporarily.
- Illegals will get EADs. Legals won't.

Now, after 2008, when we bailed out banks without punishing the miscreants, we are again sending a draconian message to Americans that this is no longer a country of law. It is rather a country of opportunists. We can have a philosophical discussion about whether opportunism works (it does work in some cases) and whether the society as a whole benefits from it.

I totally understand that we are victims of being legal. Giving EADs to illegals is a non issue to me. We simply cannot compare an average EAD holder illegal and an average H1B holder legal. The H1B holder still has it much better. The biggest gripe is that BO will shut the door towards any real immigration reform by passing a unilateral action on this issue.

On top of it, the OPT bandaid is a joke. I have come across many IT job openings on craigslist for "OPT holders only" starting at $12 an hour. Talk about some real wage suppression and getting an average American college student completely out of IT.

[gcq]

Q,

If the EO goes as reported in which BO grants an extension of stay to X million people by granting them EADs while applying bandaid patches to legal immigrants, it is going to have the following short term effects:

- People will be extremely angry.
- Immigration bipartisanship will end at least temporarily.
- Illegals will get EADs. Legals won't.

Now, after 2008, when we bailed out banks without punishing the miscreants, we are again sending a draconian message to Americans that this is no longer a country of law. It is rather a country of opportunists. We can have a philosophical discussion about whether opportunism works (it does work in some cases) and whether the society as a whole benefits from it.

I totally understand that we are victims of being legal. Giving EADs to illegals is a non issue to me. We simply cannot compare an average EAD holder illegal and an average H1B holder legal. The H1B holder still has it much better. The biggest gripe is that BO will shut the door towards any real immigration reform by passing a unilateral action on this issue.

On top of it, the OPT bandaid is a joke. I have come across many IT job openings on craigslist for "OPT holders only" starting at $12 an hour. Talk about some real wage suppression and getting an average American college student completely out of IT.

This could work both ways. Once illegals are in, GOP won't have any more reason to hold up immigration reform. They have been trying to prevent illegals from legalizing and making life miserable for legal immigrants. Now they will have to act or they will be the ones that will be losing politically and emotionally. And they know BO is going to veto any bill that does not legalize illegals since BO doesn't care about his political future any more. He is going to retire as an ex-president.

[anuprab]

from another website..

"We should know all of the answers in about nine hours. Without any knowledge beyond what has been written here (well, almost), I'd like to offer a few thoughts. The common thread that we see running through all of the leaks is that something is in the works that will benefit "about half a million" employment based individuals. There aren't that many STEM students in the U.S. - not even close. If the half million figure is accurate, and it seems to be the only thing everyone agrees on, then that rules out OPT as the big solution for tech workers.

I continue to believe that the solution they are offering will be a reinterpretation of the quota statute in such a way that dependents are not counted. Every legal scholar I've seen write on this agrees that it is within the President's legal authority.

I could be wrong (and often am) but I believe this to be the case. We will know for sure this evening.
Ron"

why are there so many reports with conflicting views on whether not counting dependents is ok or not in an EO. isnt this pretty straightforward for highly paid lawyers to interpret?

[qesehmk]

Q,

I'm with you on this, hence my lack of comments on the subject.

I will reiterate something I said at the very beginning when the prospect of EO was first raised.

It is significantly harder to help, via EO, those already in the legal immigration system precisely because they are in legal status. That is very well covered by the INA and allows less discretion. My understanding is that EO can neither create new law, nor ignore/break current law. That must be done via Congress in the form of a Bill.

On the other hand, action for those not in legal status, is in the form of prosecutorial discretion within the current law. That is significantly easier for EO to accomplish.

Whatever happens, my biggest gripe with the approach remains that significant portions of the legal community do not have access to benefits such as EAD. It seems grossly unfair to accord that privilege to a group that do not have legal status while denying it to people that have maintained legal status.
Spec - agree with you on EO's dependence on prosecutorial discretion. But legals don't need that anyway. All they need is EAD and a visa number.

I think what BO might do for legals is issue an order to DOS to start counting EB dependents under FB quota. Thus he is using his administrative powers.

As per EAD for legals again ... I think that falls under his administrative powers. So we might very well see that.

One thing we miss with illegals is that there is sound policy behind most of these decisions. US is a sound nation with sound economic policies. Is there politics involved here .. yes there is. But are these decisions devoid of sound thinking - absolutely not.

e.g. The administrative aim of deferred action is to use the government resources (already less thanks to our GOP friends) wisely in pursuing the criminal rather than non-criminal elements in the undocumented community. Even the fiercest critique of BO would agree that when it comes to prioritization - the priority should be hardened criminals and drug merchants rather than my gardner!

So once we allow deferred action - these people are going to come out of shadows and ask for government help. Do we want that to happen or rather lets give them EADs and then let them not be dependent on the government.

I am very confident that's exactly what the policy makers are thinking.

Sometimes - some people get very emotional with their own plight. I hope people seek information, read, understand and empathize with others before they pass judgements on "undocumented" workers. There is a human side to this problem that is actually bigger than any of the political or economic angle. I am sure BO or even a president like GWB or Reagan understand this. The noise on GOP side aside - I believe America is still a nation of immigrants. So once BO issues this EO - there is no turning back and no courts will intervene and overrule him.

[qesehmk]

why are there so many reports with conflicting views on whether not counting dependents is ok or not in an EO. isnt this pretty straightforward for highly paid lawyers to interpret?
In this case I would tend to believe even one lawyer that believes in a theory that is pro immigrant. The reason is simple - the lawyers are very very conservative by nature. So most lawyers would err on the side of status quo. If you find one lawyer (and there are actually many many including one from Yale) who believes that the president can choose to count or not dependents - then I think we should put our money on that opinion.

[gcq]

At this point nobody knows for sure what is in the EO. One person who definitely knows what is in EO is congressman Gutierez ( http://gutierrez.house.gov/) . He is the main guy for congress Hispanic Caucus. When asked about the details about the EO, he declined to give details. So I guess whatever we are hearing from news outlets is speculation.

[PD2008AUG25]

This could work both ways. Once illegals are in, GOP won't have any more reason to hold up immigration reform. They have been trying to prevent illegals from legalizing and making life miserable for legal immigrants. Now they will have to act or they will be the ones that will be losing politically and emotionally. And they know BO is going to veto any bill that does not legalize illegals since BO doesn't care about his political future any more. He is going to retire as an ex-president.

I think all "poisoning the well" arguments are wishful thinking, there is only poison in the well. There is no reason to believe that Republicans would have wised up and passed something in absence of EO.

Also, an EO won't make any kind of reform more plausible. They have spent last 4 years trying to repeal Obamacare and will spend 2 more trying to override EO. 2014 results have solidified their anti-immigrant stand and won't risk passing anything that could turn off their base for 2016.

EO or wihtout EO, legal immigrants are screwed.

[PD2008AUG25]

Q,

My understanding is that EO can neither create new law, nor ignore/break current law. That must be done via Congress in the form of a Bill.




Isn't W's EO of expedited citizenship of GC holders who joined military is an example against this?

[kkruna]

Even if one's actions conform to statutes, opponents look for openings - and "natural justice" is one of them. Providing EAD to undocumented (in 5 years?) ahead of many EB applicants will obviously be a miscarriage of this natural justice and against common sense.

I would imagine that this will weigh on the minds of people taking decision. If not they deserve to be criticised and attacked for this.

Waiting some more to find out is a good idea.

[qesehmk]

Isn't W's EO of expedited citizenship of GC holders who joined military is an example against this?

No because that one is leverages .. "statutory exception to the naturalization requirements, as provided in section 1440(b) of title 8, United States Code"

[qesehmk]

Sport - All these actions / decisions are not frivolous. They are well thought out.

EAD is a way to keep them off government help once they come out of the shadows. It is important to bring them out of shadow from national security perspective.

BO is not giving them any status. He is only deferring taking action on them. The congress still has to pass a law giving them legal status and eventually citizenship.

p.s. - Agree w you on 2008 bailouts of the banks! But worse than the bailouts was buying the bad debt from banks dollar for dollar. That was the greatest wealth transfer from the bottom to the top in the history of mankind.



Q,

If the EO goes as reported in which BO grants an extension of stay to X million people by granting them EADs while applying bandaid patches to legal immigrants, it is going to have the following short term effects:

- People will be extremely angry.
- Immigration bipartisanship will end at least temporarily.
- Illegals will get EADs. Legals won't.

Now, after 2008, when we bailed out banks without punishing the miscreants, we are again sending a draconian message to Americans that this is no longer a country of law. It is rather a country of opportunists. We can have a philosophical discussion about whether opportunism works (it does work in some cases) and whether the society as a whole benefits from it.

I totally understand that we are victims of being legal. Giving EADs to illegals is a non issue to me. We simply cannot compare an average EAD holder illegal and an average H1B holder legal. The H1B holder still has it much better. The biggest gripe is that BO will shut the door towards any real immigration reform by passing a unilateral action on this issue.

On top of it, the OPT bandaid is a joke. I have come across many IT job openings on craigslist for "OPT holders only" starting at $12 an hour. Talk about some real wage suppression and getting an average American college student completely out of IT.

[anuprab]

http://www.politico.com/story/2014/11/obama-immigration-plan-unveil-113022.html#ixzz3Jd4v5qkE

as mentioned by Q earlier, there is something for legals. As of now its modest changes, just have to wait till 8pm to see what the changes are.

[sportsfan33]

In this case I would tend to believe even one lawyer that believes in a theory that is pro immigrant. The reason is simple - the lawyers are very very conservative by nature. So most lawyers would err on the side of status quo. If you find one lawyer (and there are actually many many including one from Yale) who believes that the president can choose to count or not dependents - then I think we should put our money on that opinion.

Except that Ron has been egregiously wrong on almost everything. In his world:

- Porting was going down substantially.
- Date movement was completely disconnected from the underlying demand.
- USCIS processes only a fraction of the cases by design.

and many other tidbits.

[qesehmk]

Except that Ron has been egregiously wrong on almost everything. In his world:

- Porting was going down substantially.
- Date movement was completely disconnected from the underlying demand.
- USCIS processes only a fraction of the cases by design.

and many other tidbits.

Touche! Touche!

[PD2008AUG25]

400,000 highly-skilled workers will be eligible for visas.

more specifics. No idea what that sentence means.

http://abcnews.go.com/Politics/obamas-immigration-announcement/story?id=27052740

[anuprab]

400,000 highly-skilled workers will be eligible for visas.

more specifics. No idea what that sentence means.

http://abcnews.go.com/Politics/obamas-immigration-announcement/story?id=27052740

wow this means legals are still in the game :)

[imdeng]

This report seems more "leak-like" than "speculation-like". They are quoting specific numbers. Of course the 400K jumps out - and they specifically mention visas (OPT or EAD is not a visa - so the 400K does not refer to them).

400,000 highly-skilled workers will be eligible for visas.

more specifics. No idea what that sentence means.

http://abcnews.go.com/Politics/obamas-immigration-announcement/story?id=27052740

[psychedelicNerd]

This report seems more "leak-like" than "speculation-like". They are quoting specific numbers. Of course the 400K jumps out - and they specifically mention visas (OPT or EAD is not a visa - so the 400K does not refer to them).

Agreed. This is as if they got the dirt (papers) from the source itself, rather than speculation.

[nbk1976]

Why is Obama even talking about H-1b visas. That is a temporary and more importantly a non-immigrant visa. Sure, it is often a stepping stone to an immigration visa, but the reform is needed for immigrants currently stuck in the system.

[PD2008AUG25]

This report seems more "leak-like" than "speculation-like". They are quoting specific numbers. Of course the 400K jumps out - and they specifically mention visas (OPT or EAD is not a visa - so the 400K does not refer to them).

My only wish is 400k doesn't refer to H1Bs. If EO somehow captures unused H1Bs from earlier years, that would be worst nightmare for EB immigration community.

[kd2008]

400,000 highly-skilled workers will be eligible for visas.

more specifics. No idea what that sentence means.

http://abcnews.go.com/Politics/obamas-immigration-announcement/story?id=27052740

H1-B spouses eligible for work authorization are in the range of 400K. But they need EADs and not visas. So don't what to make of these incomplete conjectures. I guess 48 hours everything will be before us to evaluate. But this is one of the latest/newest article on the topic. So who knows?

Many sources have confirmed no visa recapture and no counting spouses and children w/ principal applicant together as one unit. But that was before this article.

[aquatican]

The highest level of irony will be that illegals and spouses of Green Card Applicants waiting for a Visa # will be issued EADs.
They can then work for any employer without restriction and start their own businesses.

Meanwhile Legal Applicants who have been waiting for years or decades will still be in H1B LaLaLand looking for sponsorship and paying legal fees.

[CowBoyInDenial]

Another Link: http://www.huffingtonpost.com/2014/11/19/immigration-executive-action_n_6188450.html

[kkruna]

Such ironies already exist. If you are on L1, you cannot change job but your spouse on L2 can.

[la_2002_ch]

CNN Money Article:

http://money.cnn.com/2014/11/20/smallbusiness/immigration-reform-walkup/index.html

[skpanda]

http://abcnews.go.com/Politics/wireStory/main-elements-obamas-immigration-overhaul-27061457


BUSINESS PROGRAMS

Make other immigration changes sought by businesses, such as a parole-in-place program that could affect another several hundred thousand people.



Possibly allow filing AOS even if date is not current.

[kkruna]

http://abcnews.go.com/Politics/wireStory/main-elements-obamas-immigration-overhaul-27061457


BUSINESS PROGRAMS

Make other immigration changes sought by businesses, such as a parole-in-place program that could affect another several hundred thousand people.



Possibly allow filing AOS even if date is not current.


Does this mean PIP for family of EB applicant?

[CowBoyInDenial]

http://www.huffingtonpost.com/2014/11/19/immigration-executive-action_n_6188450.html

[tenyearsgone]

http://www.huffingtonpost.com/2014/11/19/immigration-executive-action_n_6188450.html


As a legal matter, the president told the crowd he was on firm ground with his executive action. But according to Rep. Judy Chu (D-Calif.), Obama also said his legal team had advised him against expanding visas for high-tech workers and temporary agricultural workers.
“There were some programs he could not do because there was not statutory authority,” explained Chu. “I was disappointed.”


I guess that should set our expectations in line...

[CowBoyInDenial]

I guess that should set our expectations in line...

Nope, looks like they will give EADs and this time its official:

http://www.whitehouse.gov/share/infographic-president-obama-taking-steps-fix-our-broken-immigration-system

[imdeng]

So EADs for folks in GC waiting line. That's it. Whatever happened to the 400K?

Nope, looks like they will give EADs and this time its official:

http://www.whitehouse.gov/share/infographic-president-obama-taking-steps-fix-our-broken-immigration-system

[girish989]

I guess that should set our expectations in line...

http://www.whitehouse.gov/share/infographic-president-obama-taking-steps-fix-our-broken-immigration-system

[gten20]

http://www.whitehouse.gov/share/infographic-president-obama-taking-steps-fix-our-broken-immigration-system

Yep.. looks like Legals will not be forgotten.

[kkruna]

EAD for those with approved I-140 apears to be there - apparently this can be done by regulatory changes by DHS.

[gten20]

I got a copy of the summary. Here are the points that are of interest to readers of this thread:

New program for foreign entrepreneurs.
Individuals with approved I-140s may apply for AOS irrespective of their priority date
H4 EADs will be authorized


More
AC21 "same or similar" will be clarified
OPT will be expanded
PERM will be modernized and updated
Possible visa recapture through a "visa modernization" program


More . ..
DACA will be updated to take the upper age limit off - works for those who arrived before 2010
Deferred action for parents of U.S. citizens who have been here since before 2010
Possible change in the law to no longer count dependents in the quota


"Providing portable work authorization for high-skilled workers awaiting LPR status and their
spouses. Under the current system, employees with approved LPR applications often wait many
years for their visa to become available. DHS will make regulatory changes to allow these
workers to move or change jobs more easily. DHS is finalizing new rules to give certain H-1B
spouses employment authorization as long as the H-1B spouse has an approved LPR application. "


One final comment. I'm pulling all of this off of a White House release that came out early.

Ron Gotcher just posted this on his forum. Thats everything and more.. Don't want to raise expectations. He has been wrong before.

But Based on white house post.. AOS for I140 candidates looks legit. So looks like we might get something good. One more hour to find out.

[qesehmk]

Just the ability to file AOS and having EAD for spouses will be a big deal for backlogged legals. It practically gives them a path out of the slave H1 within 6 months. Not ideal as green card but trust me - i have been there - even ability to have AC21 means you can buy home and what not - which many people are afraid of when they are on H1.

We will hear it firsthand in an hour from now.

[gten20]

Just the ability to file AOS and having EAD for spouses will be a big deal for backlogged legals. It practically gives them a path out of the slave H1 within 6 months. Not ideal as green card but trust me - i have been there - even ability to have AC21 means you can buy home and what not - which many people are afraid of when they are on H1.

We will hear it firsthand in an hour from now.

Yep. AOS on approved I140 along with AC21 would be a big relief. He would get my vote (if I could vote) just on that. Any additional stuff is icing on the cake.

[CleanSock]

Maybe it means giving work authorization to spouses of people who are waiting in line for Green Card because technically if a primary is waiting in line, so does their spouse (and that is one of the restrictions on the rule proposed by DHS. EAD to only those H4s waiting in line for GC).



EAD for those with approved I-140 apears to be there - apparently this can be done by regulatory changes by DHS.

[gten20]

Another lawyer reporting on similar lines.
http://blog.ilw.com/gregsiskind/2014/11/20/siskind-summary-the-immigration-accountability-executive-action-iaea/

Would still wait to hear from the Big O before celebrating..


Legal Immigration Reforms

1. Pre-registration will be available to allow people adjustment of status benefits when an I-140 is approved but no priority date is available. (estimated to benefit 400,000)

2. Using advance parole will not trigger inadmissibility.

3. Parole in place being expanded to

a. certain entrepreneurs
b. enlistees in the military

4. National interest waiver category being broadened via guidance to include foreign entrepreneurs

5. Adjustment “same or similar” portability language being made more user friendly.

6. Optional Practical Training – authorized period of work authorization being lengthened and broadened beyond STEM.

7. PERM – will be modified to make cases move “more easily”

8. 601(a) waivers will be expanded to lawful permanent resident spouses (limited to unlawful presence).

9. “extreme hardship” standard being modified.

There will be a presidential memo and a task force created. More changes may be coming when actual memoranda and regulations are issued.

Timing – some items will be immediate and others will be phased in.

What didn’t make it in tonight’s list –

– parents of DACA

– spouses of USCs and LPRs (though 601(a) waiver changes may take care of many

– changing the way derivatives are counted for green cards

– changes to the H-1B program including easing affiliation rules, cap gap relief for doctors, Neufeld memo easing

[skpanda]

http://aila.org/content/default.aspx?bc=9601|50769

EAD/AP for primary and dependents.

[gten20]

http://aila.org/content/default.aspx?bc=9601|50769

EAD/AP for primary and dependents.


Streamlining the process for foreign workers and their employers, while protecting American
workers. DHS will clarify its guidance on temporary L-1 visas for foreign workers who transfer
from a company’s foreign office to its U.S. office. DOL will take regulatory action to modernize
the labor market test that is required of employers that sponsor foreign workers for immigrant
visas while ensuring that American workers are protected.
They are also scrutinizing L1 visas.

[abcx13]

Yep. AOS on approved I140 along with AC21 would be a big relief. He would get my vote (if I could vote) just on that. Any additional stuff is icing on the cake.

Why are we so excited about this? Couldn't this simply have been done by CO making all categories current for a month or two as in 2007? Why was an EO required for this simple move?

[gten20]

here we go.
http://www.whitehouse.gov/live/president-obama-delivers-address-nation

[sstest]

here we go.
http://www.whitehouse.gov/live/president-obama-delivers-address-nation

http://www.foxnews.com/us/interactive/2014/11/20/white-house-fact-sheet-on-obama-immigration-plan/

[qesehmk]

This is a better link that has actual document. http://aila.org/content/default.aspx?bc=9601|50769

Thanks skpanda.


http://www.foxnews.com/us/interactive/2014/11/20/white-house-fact-sheet-on-obama-immigration-plan/

[gten20]

AOS with I140 will be a regulatory process. :( Who knows how long that will take? Folks at ** said it could take 6-7 months.

[vyruss]

Nothing in this spells out measures to reduce the EB backlog. Anyone see anything different?



This is a better link that has actual document. http://aila.org/content/default.aspx?bc=9601|50769

Thanks skpanda.

[gten20]

Nothing in this spells out measures to reduce the EB backlog. Anyone see anything different?

No. He is making it easier to change jobs for people stuck in backlog. I think recapture or not counting dependents will require legislation. Seems like it's on his agenda for DHS to check if that is viable option. Maybe a regulatory process like H4 EAD? We will know more when the actual document is signed and the details are available.

[anuprab]

Nothing in this spells out measures to reduce the EB backlog. Anyone see anything different?

I won't complain. A very touching speech that had me close to tears! We all come with the same dream legally or illegally for a better life! Way to go Mr. Obama. I am hoping there will be backlog reduction in the near future!

[gten20]

I won't complain. A very touching speech that had me close to tears! We all come with the same dream legally or illegally for a better life! Way to go Mr. Obama. I am hoping there will be backlog reduction in the near future!

Hopefully, the saddest tangerine has a change of heart and allows vote on S744 :)

[gcvijay]

So from what I understand a person with approved LPR Application(I-140 and Labor) and has been under AC 21 status can apply for EAD for him and his dependents without the dates becoming current? Is that right or am I misunderstanding it?

[Jonty Rhodes]

I have been closely following this but has resisted the urge to post anything so far.

I would say only one thing. Lets not get too emotional or too judgmental. Lets wait for the entire document to come out, study it and see what it has in it for legal immigrants.

[Shadowfax4]

Quotes from the ** website

Going forward, it will be easier to use a new provision called “Pre-Register” where employees who have approved labor and I-140 would be able to gain benefits of adjustment of status even when the dates are not current. This has been, by far, the most sought after and in-demand provision for us in last 9 years. Skilled employees would be able to switch jobs, apply for EAD and advance parole and also not have to worry about the new job being the same or similar, as the new administrative order liberalizes the definition of what constitutes same or similar job. In addition to this, the administration is making it possible to port the green-card petition from one employer to another so that applicants do not have to start with labor certification again should their employment end after they are quite far along in the process.

Spouses who are on H-4 visa would be able to apply for work permit and receive EAD via the proposed H-4 EAD rule. Additionally, they will also qualify for an EAD through the pre-registration step with primary applicant of green-card process. This will make life easier for thousands of skilled family members who get left out of opportunities due to H1B quota restrictions.

[Shadowfax4]

As long as the EAD provision kicks in, that would be heaven for a lot of us. No longer do I (or anyone else in my position) have to worry about my job hinging on other peoples' efficiencies (or lack thereof) in spite of having an approved I-140. Thank you Gods!

And to Q, Spec and all other senior members on this forum who kept updating us common folk, THANK YOU A TON for taking the time to constantly read and understand the articles spewed by the MSM and educating all of us! :)

[bookworm]

how will this impact porting? will we see an increase or will we see a decrease?

[abcx13]

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf

Gurus, Section A talks about visa wastage since 1990. Does this mean recapture is still on the table?

My reading of that is that it is asking for better coordination between USCIS and DOS such that visas aren't wasted going forward. But unless I am wrong, I don't think this has been an issue recently? Though IIRC EB3 has been screwed in some years because USCIS didn't utilize the allocation in time (and benefited EB2 I think)...

[Jonty Rhodes]

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf

Gurus, Section A talks about visa wastage since 1990. Does this mean recapture is still on the table?

That's an interesting observation. I really doubt that recapture would happen based on all the arguments presented in this forum so far, especially a detailed explanation from Spec.

However, this is what the Memo states,

"Hundreds ofthousands of such visas have gone unissued in the past despite heavy demand for them." in Section A, Paragraph 1, Last line.

"First, USCIS should continue and enhance its work with the Department of State to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas." in Section A, Paragraph 3, Line 2.

Could this be interpreted as a hinting at recapture? May be but most likely not. I think it talks about not wasting visa in in future. I doubt it would happen.

But again, that was a good observation. Lets see what happens.

[anuprab]

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf

Does this mean Mr. Charlie Oppenheim can do something about recapturing unused visa numbers in the past ?

[mesan123]

Q, SPEC , Kanmani or Guru's...


Does this mean Anyone waiting to apply I-485( people like e waiting for dates to be current) can apply for 485 and get EAD???? is my assumption wrong..

Sorry went through the websites, but was confused at times :( , so thought to check with

[Shadowfax4]

The details
http://www.dhs.gov/immigration-action
http://www.uscis.gov/immigrationaction



Does this mean Anyone waiting to apply I-485( people like e waiting for dates to be current) can apply for 485 and get EAD???? is my assumption wrong..


I read the two documents and could not find anything specifying work authorization for people already in line. Am I missing something here and can someone please let us know?

[nbk1976]

DHS can certainly get more liberal with AC21 job portability for AOS applicants and allow them greater freedom. That in itself would be much closer to having a GC.

There was nothing in EO for legal immigrants. It will probably clog the system more as more resources are directed to take care of a new surge in applications from the undocumented people.

[tenyearsgone]

how will this impact porting? will we see an increase or will we see a decrease?

It is likely to reduce porting for EB3 beyond 2008. Reasons:
1. Spouse gets an EAD if applicant has I-140 approved
2. No new labor required to port your GC application, so why bother with applying for a new labor and going through that punishment?

However, this could also increase porting massively in some scenarios. If the old labor used for Eb-3 can be used to reapply for a new I-140 under EB2, then practically all of Eb3I will port to Eb2I. Then in 2016 everyone will reverse-port once EB3 demand destruction takes place.

[chandru]

I am a silent spectator in this forum. Greetings to all of the members and Kudos to the versatile people like Spec, Q, Kanmani, gcq, sports and so on - I apologize if I have not spelled anyone's name which I have to. Assuming whatever we hear so far are real as such, this is really a good occasion for all of us though not up to the extent what we all thought/expected. Of-course, more we expect - more we regret, and going by that saying, it's better for us to have less expectations in our life.

Coming to the point, if the so called "Pre-register" option for the approved I-140 beneficiaries to apply for AOS regardless of their PD being current or not & H4-EAD for certain spouses of I-140 beneficiaries, do we have any clarity on from when/which-date these will be effective?

[gten20]

I read the two documents and could not find anything specifying work authorization for people already in line. Am I missing something here and can someone please let us know?

Even I am looking for a section that talks about allowing AOS with approved I140. Can't seem to find it.

[mohan_jgd]

Providing portable work authorization for high-skilled workers awaiting LPR status and their spouses. Under the current system, employees with approved LPR applications often wait many years for their visa to become available. DHS will make regulatory changes to allow these workers to move or change jobs more easily. DHS is finalizing new rules to give certain H-1B spouses employment authorization as long as the H-1B spouse has an approved LPR application.

Good summary of planned administrative fixes from WSJ

http://blogs.wsj.com/washwire/2014/11/20/text-of-the-white-house-fact-sheet-on-obamas-immigration-action/

[Kanmani]

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf

I too can't track down. No mention of filing I-485 as soon as I-140 is approved. Is there any other document?

Again all the instructions to DHS/USCIS require rule making to fulfill the recommendations of EO, none for immediate effect for sure.

[Shadowfax4]

Found this on one of the memorandums from the dhs website

"USCIS is about to publish the final rule, which will incentivize employer sponsorship of current temporary workers for lawful permanent residence so they can become Americans over time, while making the United States an even more competitive destination for highly skilled talent. Also, USCIS has been working on guidance to strengthen and improve various employment-based temporary visa programs."

Maybe this is "implying" AOS and/or EAD. Hopefully, both!

[Jonty Rhodes]

Even I am looking for a section that talks about allowing AOS with approved I140. Can't seem to find it.

Agree. Nothing specific is mentioned there regarding giving EADs with approved I-140 and allowing to file AOS without PD being current.

All it says is this.

Providing portable work authorization for high-skilled workers awaiting LPR status and their spouses. Under the current system, employees with approved LPR applications often wait many years for their visa to become available. DHS will make regulatory changes to allow these workers to move or change jobs more easily. DHS is finalizing new rules to give certain H-1B spouses employment authorization as long as the H-1B spouse has an approved LPR application.


So it only says that DHS will make regulatory changes for higher and easier job portability. What regulatory changes they will be, we don't know yet. Lets wait for the official signed EO to come out with all the intricate details.

[Shadowfax4]

The only legit thing so far has been on the infographic on the whitehouse.gov immigration page: "Expanding work authorization for high skilled workers who are in line for a green card"

[Jonty Rhodes]

One thing that I noticed in the general outline of this EO from the documents that have been posted here is that the language of EO regarding the illegal immigrantion is clear and very specific. It gives specific criteria for eligibility, specific instructions and specific timeline when applications can be sent. So the Who, What and When are very clear.

While the language regarding legal immigration is extremely vague. There are no specific criteria for eligibility, no specific instructions and no specific timeline. Everything is left at discretion of USCIS/DHS to develop necessary guidelines and regulations so that these broad policies outlined in EO can be implemented.

I just hope we get little something more specific. We all know that USCIS is extremely competent at being incompetent and if everything is being left at USCIS/DHS discretion for developing guidelines and regulations, then we are in for a long wait.

Just a thought.

[gs1968]

Agree. Nothing specific is mentioned there regarding giving EADs with approved I-140 and allowing to file AOS without PD being current.

All it says is this.

Providing portable work authorization for high-skilled workers awaiting LPR status and their spouses. Under the current system, employees with approved LPR applications often wait many years for their visa to become available. DHS will make regulatory changes to allow these workers to move or change jobs more easily. DHS is finalizing new rules to give certain H-1B spouses employment authorization as long as the H-1B spouse has an approved LPR application.


So it only says that DHS will make regulatory changes for higher and easier job portability. What regulatory changes they will be, we don't know yet. Lets wait for the official signed EO to come out with all the intricate details.

To Jonty
Where is that quote at the end of your post from? Never heard that before

In any case it appears like there was serious consideration of visa recapture till the late stages when the AFL-CIO stepped in and pressured the Administration to avoid it in the EO.I am still skeptical that it would survive judicial scrutiny but I am no legal expert

http://www.politico.com/story/2014/11/how-obama-got-here-113077.html?hp=t1_r

The AFL-CIO, for one, was continuing to voice its displeasure over what it was hearing, including a sweetener for the tech industry that was reportedly included. Top union officials reached out to the Congressional Black Caucus to press their case that a provision to allow tech companies to recapture unused visas would harm American workers.

[Jonty Rhodes]

To Jonty
Where is that quote at the end of your post from? Never heard that before

In any case it appears like there was serious consideration of visa recapture till the late stages when the AFL-CIO stepped in and pressured the Administration to avoid it in the EO.I am still skeptical that it would survive judicial scrutiny but I am no legal expert

http://www.politico.com/story/2014/11/how-obama-got-here-113077.html?hp=t1_r

The AFL-CIO, for one, was continuing to voice its displeasure over what it was hearing, including a sweetener for the tech industry that was reportedly included. Top union officials reached out to the Congressional Black Caucus to press their case that a provision to allow tech companies to recapture unused visas would harm American workers.

I found that quote somewhere on internet someday. I don't know where it was.

Coming to the recapture being dropped from original plan, it is disappointing to know that President dropped it due to opposition from AFL-CIO if indeed that happened. Again, I feel that recapture could have been impossible to do by EO, but if President was going to do it anyways, he should have just gone bold and do it.

Among all the actions that President took in EO, this one is less likely to be challenged by Republicans in court because recapture was requested by tech companies and Republicans usually would not oppose it, especially when they have so many other items in EO to oppose. I don't think AFL-CIO would have done anything either because they were opposing it by saying that it would harm American workers and not because it was illegal in their eyes.

[YTeleven]

Only one thing looks to me to be realistic by next month is H4 EAD.
Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status. (http://www.uscis.gov/immigrationaction#4)

[girish989]

Only one thing looks to me to be realistic by next month is H4 EAD.
Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status. (http://www.uscis.gov/immigrationaction#4)

http://www.foxnews.com/us/interactive/2014/11/20/white-house-fact-sheet-on-obama-immigration-plan/

Here it talks about pre registration.....I am confused

[suninphx]

So basically nothing concrete for legal immigrants. Nothing in immediate future at least.

[nathang]

My earlier post was deleted.Hmm.. I will not repeat the message out of respect for whoever deleted my message, a courtesy that would have been appreciated had it been shown to me and my thoughts.

Regardless this EO has some good and some great things for legals as well. That is something to celebrate. There are some things that can be done very soon and some that will require rule making and so a timeframe of 6 to 8 months. Even with this wait, the changes are life changing for a lot of us.

Thanks to whoever worked to get these done, they shall remain nameless, lest this message will also be deleted :-)

[qesehmk]

I have created a thread specifically to discuss the Executive Order. (http://www.qesehmk.org/forums/showthread.php/2500-Impact-of-Executive-Order-on-Immigration)

We can keep this thread for general discussion on the politics of immigration reform.

As a result moved a few posts there.

[qesehmk]

http://www.nbcnews.com/politics/immigration/house-republicans-block-obamas-immigration-order-n261706

Republicans vote against Obama's Order. But nothing to worry this will die in senate and the executive order will stay.

[idiotic]

http://www.mycentraloregon.com/2015/01/05/five-things-gop-congress-is-expected-to-tackle-in-new-year/

2. EXECUTIVE AMNESTY

Now that Republican reinforcements are about to be sworn into office, the GOP is expected to quickly draw up a response to the president’s executive actions regarding immigration reform. A senior House GOP leadership aide says the House could move on a legislative remedy before Senate and House Republicans are scheduled to hold a joint retreat in Hershey, Pennsylvania, on Jan. 15-16.

Current funding for the Department of Homeland Security, which oversees immigration enforcement, runs out Feb. 27.

[skpanda]

the site that cannot be named here.. has posted in FB that HR3012 is reintroduced as HR213 by Jason Chaffetz.

https://www.govtrack.us/congress/bills/114/hr213

It may not matter since PRez is not going to sign it. However you never know.. this could be a bargaining chip vs EO.

We will see...i sincerely hope that it goes thru and implemented.

[gcq]

the site that cannot be named here.. has posted in FB that HR3012 is reintroduced as HR213 by Jason Chaffetz.

https://www.govtrack.us/congress/bills/114/hr213

It may not matter since PRez is not going to sign it. However you never know.. this could be a bargaining chip vs EO.

We will see...i sincerely hope that it goes thru and implemented.

I have a feeling that it is going to meet the same fate as HR 3012. The senators who put "Hold" on HR 3012 is still in Senate - Grassley and Sessions. They don't care whether their party is in charge. Even HR 3012 had bipartisan support, but they didn't care.

[samaha]

Please submit your petitions to http://www.petition2congress.com/17168/pass-with-majority-hr213-to-amend-immigration-nationality-act-to/?m

There are only 295 petitions submitted and over 40k for animal cruelty.

[gs1968]

This from POLITICO

HATCH IS BRINGING BACK HIGH-TECH IMMIGRATION BILL -- Sen. Orrin Hatch is set to reintroduce his high-skilled immigration bill today, his office tells MT, which would check off the top items on the tech industry’s immigration wishlist. Hatch’s Immigration Innovation — or I-Squared — Act would raise the yearly cap on H-1B, or “high-skilled,” visas from 65,000 to up to 195,000 and remove limits on the number of high-skilled visas for employees with advanced degrees. Tech companies, led by Facebook’s Mark Zuckerberg, have been asking Congress for years to increase the high-skilled caps, pointing to a surplus of high-tech jobs. Hatch’s bill would also enable visa holders’ spouses to work, increase visa holders’ ability to move between jobs, recapture unused green cards from previous years and eliminate yearly per-country caps for employment-based visa petitioners.

The bill already has bipartisan backing, with Democratic Sens. Amy Klobuchar, Chris Coons and Richard Blumenthal, as well as Republican Sens. Jeff Flake and Marco Rubio, as original co-sponsors. The bill is the first tech immigration bill this Congress, and it comes after President Barack Obama announced executive actions late last year that largely focused on undocumented immigrants and fell short of the tech industry’s lofty hopes.

[gten20]

Thanks GOP. :(

The Senate GOP is naming its two most anti-immigrant members to run its immigration subcommittee
http://www.vox.com/2015/1/22/7867941/sessions-vitter-immigration

734

[gcq]

Thanks GOP. :(

http://www.vox.com/2015/1/22/7867941/sessions-vitter-immigration


Yup, that was GOP's best pick !

[Jonty Rhodes]

Thanks GOP. :(

http://www.vox.com/2015/1/22/7867941/sessions-vitter-immigration

734

Yes, no reform in sight for foreseeable future. With these appointments, GOP has once again clarified its position on Immigration loud and clear. We all know that GOP is against illegal immigration. But if GOP wants to be seen friendly to at least legal immigration, then this is obviously a step in the wrong direction. There is no chance for even a small piecemeal immigration reform with these anti-immigration GOP members on board. No immigration related bill will pass this subcommittee, even if it is introduced by fellow House or Senate Republicans.

Judiciary Committee Chairman: Sen. Chuck Grassley of Iowa
Chairman of Immigration Subcommittee of the Judiciary Committee: Sen. Jeff Sessions of Alabama
Vice Chairman of Immigration Subcommittee of the Judiciary Committee: Sen. David Vitter of Louisiana

So we should just waive bye bye to any reform. There is a lot of talk about two immigration related bills introduced in House and Senate by Republicans but I think it is more of a political posturing. Because if GOP was serious about addressing immigration (at least legal), then they would have never appointed these people.

I perceive these appointments as a slap in the face of legal immigrants, many of whom feel that GOP is pro-legal immigration and would do something to fix legal immigration.

[qesehmk]

Judiciary Committee Chairman: Sen. Chuck Grassley of Iowa
Chairman of Immigration Subcommittee of the Judiciary Committee: Sen. Jeff Sessions of Alabama
Vice Chairman of Immigration Subcommittee of the Judiciary Committee: Sen. David Vitter of Louisiana
This is like an all star dream team for anti-immigrants.

[idiotic]

This is like an all star dream team for anti-immigrants.

All star dream team should include Steve King but unfortunately he is in House and not in Senate :)

[jdoe99]

All star dream team should include Steve King but unfortunately he is in House and not in Senate :)

If there is a way they can draft him in, they will

[srimurthy]

Just read this on OH Law firm site...
USCIS Finally Submitted Today H-4 EAD Final Rule for OMB Approval: A Final Step for Implementation of Legally Binding Rule

They are sayaing that it can be sgned and done in 30 to 60 days... is there really a chance that this is going to come through.
Badly need this as all options we tried for my spouse in a non IT backgroud with Medical... resulted in frustration, moetary loss and seeing options go past without a work permit and running from pillar to post.

If there is a way they can draft him in, they will

[tatikonda]

All star dream team should include Steve King but unfortunately he is in House and not in Senate :)

Guys, do not forget - "Government Shutdown" star and Presidential hopeful -
Yes.. You guys got it right "Ted Cruz"..

[gten20]

Just read this on OH Law firm site...
USCIS Finally Submitted Today H-4 EAD Final Rule for OMB Approval: A Final Step for Implementation of Legally Binding Rule

They are sayaing that it can be sgned and done in 30 to 60 days... is there really a chance that this is going to come through.
Badly need this as all options we tried for my spouse in a non IT backgroud with Medical... resulted in frustration, moetary loss and seeing options go past without a work permit and running from pillar to post.
http://www.reginfo.gov/public/jsp/EO/eoDashboard.jsp?agency_cd=0000&agency_nm=All&stage_cd=4&from_page=index.jsp&sub_index=0

AGENCY: DHS-USCIS RIN: 1615-AB92
TITLE: Employment Authorization for Certain H-4 Dependent Spouses
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 02/05/2015 LEGAL DEADLINE: None

** denotes recent change.

Hopefully we will hear something soon.

[srimurthy]

http://www.reginfo.gov/public/jsp/EO/eoDashboard.jsp?agency_cd=0000&agency_nm=All&stage_cd=4&from_page=index.jsp&sub_index=0

AGENCY: DHS-USCIS RIN: 1615-AB92
TITLE: Employment Authorization for Certain H-4 Dependent Spouses
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 02/05/2015 LEGAL DEADLINE: None

** denotes recent change.

Hopefully we will hear something soon.

Saw an update on OH Law firm...

****
H-4 Spouse EAD Final Rule Making Process Update

The full text of the final rule has yet to be made available to the public, but we have learnt the following:
Who is eligible?
The H-1B spouse received I-140 petition approval with or without labor certification (this is so called AC 21 104(c) three-year increment extension)
The H-1B spouse filed PERM application 365 days before reaching H-1B six-year limit (this is so called 7th year extension or extension in one year increment)
The H-1B spouse is eligible for labor certification waiver employment-based immigrant petition and filed such labor certification waiver I-140 petition 365 days before reaching H-1B six-year limit and such petition is pending.
****

Does this mean all H1's having a I-140 approved, the dependent H4 Spouse would be eligible to file for EAD?

[srimurthy]

Saw an update on OH Law firm...
Update from OH Law firm....
Proposed Revision to EAD Application Form for H-4 in OMB with Request to Clear on "Emergency" Basis

Looks like they are updating the I-765 EAD application form for indicating the H4 EAD item. seems somethings are rolling in the positive direction.
Are we getting same insights form other sights.. or is it people are hardly interested in this option....





****
H-4 Spouse EAD Final Rule Making Process Update

The full text of the final rule has yet to be made available to the public, but we have learnt the following:
Who is eligible?
The H-1B spouse received I-140 petition approval with or without labor certification (this is so called AC 21 104(c) three-year increment extension)
The H-1B spouse filed PERM application 365 days before reaching H-1B six-year limit (this is so called 7th year extension or extension in one year increment)
The H-1B spouse is eligible for labor certification waiver employment-based immigrant petition and filed such labor certification waiver I-140 petition 365 days before reaching H-1B six-year limit and such petition is pending.
****

Does this mean all H1's having a I-140 approved, the dependent H4 Spouse would be eligible to file for EAD?

[qesehmk]

Saw an update on OH Law firm...

****
H-4 Spouse EAD Final Rule Making Process Update

The full text of the final rule has yet to be made available to the public, but we have learnt the following:
Who is eligible?
The H-1B spouse received I-140 petition approval with or without labor certification (this is so called AC 21 104(c) three-year increment extension)
The H-1B spouse filed PERM application 365 days before reaching H-1B six-year limit (this is so called 7th year extension or extension in one year increment)
The H-1B spouse is eligible for labor certification waiver employment-based immigrant petition and filed such labor certification waiver I-140 petition 365 days before reaching H-1B six-year limit and such petition is pending.
****

Does this mean all H1's having a I-140 approved, the dependent H4 Spouse would be eligible to file for EAD?

To answer your question (underlined) - that's what the language refers to (bolded above).

Plus they are suggesting as long as you have the ability to get 7th year extension - your spouse is eligible to get an EAD regardless whether 140 is approved or not.

[srimurthy]

Thanks Q.
But in what scenarios can a H1 get a 7th year extension if the 140 is not approved? Just for my understanding. I tought we had to have a I-140 approved if we are going for a H1 extension beyond the 6 years limit. Or may be labor approved but I-140 applied.

To answer your question (underlined) - that's what the language refers to (bolded above).

Plus they are suggesting as long as you have the ability to get 7th year extension - your spouse is eligible to get an EAD regardless whether 140 is approved or not.

[Spectator]

Thanks Q.
But in what scenarios can a H1 get a 7th year extension if the 140 is not approved? Just for my understanding. I thought we had to have a I-140 approved if we are going for a H1 extension beyond the 6 years limit. Or may be labor approved but I-140 applied.Two scenarios for extension beyond 6 years without an approved I-140 are possible (and are mentioned in the article). They are from AC21 106(a)

a) The H-1B spouse filed PERM application 365 days before reaching H-1B six-year limit (this is so called 7th year extension or extension in one year increment).

It doesn't matter whether the PERM is still pending, or has been approved, as long as it is more than 365 days since submission at the time the extension takes effect.

b) The H-1B spouse is eligible for labor certification waiver employment-based immigrant petition and filed such labor certification waiver I-140 petition 365 days before reaching H-1B six-year limit and such petition is pending.

Examples of such cases would be EB1, EB2-NIW and Schedule A I-140 petitions that were submitted at least 365 days prior to the extension date and were still pending.

[YTeleven]

The 80 FR 11111 is the FR page number where the H4EAD rule get published in future.
This citation number is mentioned in this URL:
http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201502-1615-004
Go to this URL and check the "Rulemaking" check box and you will see the FR citation number for H4 EAD rule.
Till yesterday the latest page published in the FR was 8237. It may take another 2 to 3 weeks of time to get to the page number 11111 based on current publication rate unless they change the page number and publish early.

Also, you will see from the above URL that OMB has approved the changes to the EAD form to include H4 people with conditions and USCIS can use the new forms from the H4 EAD effective date in future.

This is good news for H4 community but it looks like still there is a wait of 2 to 3 more weeks to get it published in FR as FINAL or INTERIM FINAL rule.

Finally OMB has approved the H4 EAD final rule on 02/23/2015.
http://www.reginfo.gov/public/do/eoDetails?rrid=124922

Looks like in a week time we see the final rule in FR.
Till today the FR is filled with 9983 pages...another 1128 pages to be published to reach page number 11111.

[Spectator]

Finally OMB has approved the H4 EAD final rule on 02/23/2015.
http://www.reginfo.gov/public/do/eoDetails?rrid=124922

Looks like in a week time we see the final rule in FR.
Till today the FR is filled with 9983 pages...another 1128 pages to be published to reach page number 11111.USCIS have officially announced it this morning http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence


DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence
Release Date: February 24, 2015

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” Rodríguez said. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

- Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

DHS expects this change will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status, and facilitate their integration into American society. As such, the change should reduce certain disincentives that currently lead H-1B nonimmigrants to abandon efforts to remain in the United States while seeking lawful permanent residence, which will minimize disruptions to U.S. businesses employing them. The change should also support the U.S. economy because the contributions H-1B nonimmigrants make to entrepreneurship and science help promote economic growth and job creation. The rule also will bring U.S. immigration policies more in line with those laws of other countries that compete to attract similar highly skilled workers.

Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.

USCIS estimates the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years. USCIS reminds those potentially eligible that this rule is not considered effective until May 26, 2015. Individuals should not submit an application to USCIS before the effective date, and should avoid anyone who offers to assist in submitting an application to USCIS before the effective date.

For more information on USCIS and its programs or about this rule and filing procedures, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

[qesehmk]

Great news Spec.. Looks like they took off the page though.

[Spectator]

Great news Spec.. Looks like they took off the page though.Q,

So they did - how odd!

Edit:- The link is back up now.

[srimurthy]

Q,

So they did - how odd!
Thats great news, but May 26 is it not too far off.. but any relief is better.

[YTeleven]

USCIS have officially announced it this morning http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence

What a great relief to those 180K spouses who are waiting for this rule for so many years.

[Spectator]

Thats great news, but May 26 is it not too far off.. but any relief is better.The final rule can be found here (https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-04042.pdf).

It gives a rationale for the 90 day effective date:


E. Effective Date

This final rule will be effective on [INSERT DATE 90 DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER], 90 days from the date of publication in the Federal Register. DHS has determined that this 90-day effective date is necessary to guarantee that USCIS will have sufficient resources available to process and adjudicate Applications for Employment Authorization filed by eligible H-4 dependent spouses under this rule while maintaining excellent customer service for all USCIS stakeholders, including H-1B employers, H-1B nonimmigrants, and their families. With this 90-day effective date, USCIS will be able to implement this rule in a manner that will avoid wholesale delays of processing other petitions and applications, in particular those H-1B petitioners seeking to file petitions before the FY 2016 cap is reached. DHS believes that this effective date balances the desire of U.S. employers to attract new H-1B workers, while retaining current H-1B workers who are seeking employment-based LPR status.

[suninphx]

Good news on H4EAD - congratulations all

[qesehmk]

Alright guys.... here is a suggestion. See if you like it.

Send an email to President / DHS Secretary / DHS Under Secretary / & USCIS Chief - telling them that you appreciate the rule change and it would make a material difference to your life and thank you for that.

Here are the email addresses:

The President - president@whitehouse.gov
DHS Secretary - jeh.johnson@dhs.gov / jeh.johnson@uscis.dhs.gov
DHS Under Secretary - alejandro.mayorkas@dhs.gov
USCIS Chief - Leon.Rodriguez@dhs.gov / Leon.Rodriguez@uscis.dhs.gov (Leon.Rodriguez@uscis.dhs.gov)

Some wise guy (or gal) has said "A hammer may miss its aim ... a bouquet never does."

[srimurthy]

Done, and thanks for providing the email id's


Send an email to President / DHS Secretary / DHS Under Secretary / & USCIS Chief - telling them that you appreciate the rule change and it would make a material difference to your life and thank you for that.
Some wise guy (or gal) has said "A hammer may miss its aim ... a bouquet never does."

[girish989]

Hello,

Is this rule for every H4 with approved 140 (or) only for people with an extended H4 is extended beyond 6 years based on an approved 140.

I remember it to be later, but looks like it has been changed as per the latest USCIS post.

[EB2IndSep09]

Verbiage from USCIS..

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

So apparently it is the earlier one "every H4 with approved 140 for primary"

Hello,

Is this rule for every H4 with approved 140 (or) only for people with an extended H4 is extended beyond 6 years based on an approved 140.

I remember it to be later, but looks like it has been changed as per the latest USCIS post.

[horizon]

With H4 EAD rule, its interesting to see what the implications are for folks whose PD will just become current and can file EAD/AP? As far as I see, the H4 EAD has the following advantages:
1. You get EAD for 3 years (or whatever is left on H4) instead of the 1 year EAD
2. Status is still H4, so you dont have to go through the secondary check at immigration

Disadvantages:
1. job loss of primary means out of status and loss of EAD for spouse, right?

Can we apply for both EADs and decide which one to use??

Disclaimer: These questions are not applicable to me at all. We recently became current (PD Feb 2009) and my wife already started work on EAD while I continue to use H1. Will just wait for GC. These were for a friend with the same PD and not yet applied for I-485 + EAD/AP. He is expecting the date to become current this year and this question came up in our discussions.

Gurus, what are your thoughts on this?

[vishnu]

No brainer Horizon - you file EAD/AP....
1) Lets say primary files EAD/AP and spouse doesn't. What if primary's 485 gets approved, then suddenly the spouse will have to become a dependent of a GC and we know the extremely long wait times for that!
2) Path to immigrant status always better than non-immigrant status (which H1, H4 etc carry).

[Spectator]

An article in the Washington Post from our "friend" Senator Jeff Sessions as to why legal immigration should be reduced.

http://www.washingtonpost.com/opinions/slow-the-immigration-wave/2015/04/09/c6d8e3d4-dd52-11e4-a500-1c5bb1d8ff6a_story.html

[CleanSock]

This article made me laugh more than angering me. Such fools this country has in the positions of power.

By no means people on H1 with Bachelors/Masters degree are low wage immigrants. If anything most of them are in top 10% of the income range.


An article in the Washington Post from our "friend" Senator Jeff Sessions as to why legal immigration should be reduced.

http://www.washingtonpost.com/opinions/slow-the-immigration-wave/2015/04/09/c6d8e3d4-dd52-11e4-a500-1c5bb1d8ff6a_story.html

[skpanda]

I think he is referring to people in the Family immigration (85% of Legal Immigrants).

However, I do agree that only a fool can write this article. He is referring to statistics of 1940-1970 and trying to apply it now. Its not that simple. World has changed drastically in last 50 years.


This article made me laugh more than angering me. Such fools this country has in the positions of power.

By no means people on H1 with Bachelors/Masters degree are low wage immigrants. If anything most of them are in top 10% of the income range.

[Spectator]

It was meant as a comedy piece! I'm glad that wasn't lost.

While the article mainly takes aim at the FB/DV part of legal immigration, the numbers quoted also refer to EB and he gets in a few jibes about that too.

In case you had any doubt, he also sent a letter (http://www.sessions.senate.gov/public/_cache/files/d7b663ca-bdbf-460d-afdb-bc48e2ce1d98/letter-to-ag-holder-secretaries-johnson-perez-re-socal-edison-4.9.2015.pdf) about H1B/L1B/B1 displacing American workers yesterday to DHS and DOL.

He's been busy, hasn't he?

[Ramsen]

It was meant as a comedy piece! I'm glad that wasn't lost.

While the article mainly takes aim at the FB/DV part of legal immigration, the numbers quoted also refer to EB and he gets in a few jibes about that too.

In case you had any doubt, he also sent a letter (http://www.sessions.senate.gov/public/_cache/files/d7b663ca-bdbf-460d-afdb-bc48e2ce1d98/letter-to-ag-holder-secretaries-johnson-perez-re-socal-edison-4.9.2015.pdf) about H1B/L1B/B1 displacing American workers yesterday to DHS and DOL.

He's been busy, hasn't he?
I am sure massive layoffs like Southern california Edition will make sure that no expansion of H1B or GC.

http://www.computerworld.com/article/2908124/10-us-senators-seek-investigation-into-h-1b-driven-layoffs.html

You have to be happy with H4-EAD and forthcoming I140. Note that out of 10 Senators 2 were co-sponsors of I-Squared bill. Now anyone can guess the fate of I-squared bill. I am sure greed of Indian companies will make them to lose whatever they have.

[skpanda]

I am sure massive layoffs like Southern california Edition will make sure that no expansion of H1B or GC.

http://www.computerworld.com/article/2908124/10-us-senators-seek-investigation-into-h-1b-driven-layoffs.html

You have to be happy with H4-EAD and forthcoming I140. Note that out of 10 Senators 2 were co-sponsors of I-Squared bill. Now anyone can guess the fate of I-squared bill. I am sure greed of Indian companies will make them to lose whatever they have.

I do not agree with the last part...

indian companies are not charitable/non profit organizations. They main objective is to make money.... same as any company in the world.

Any job that can be done cheaper (offshore or automated or machines) etc will result in impact to workforce in that job area. People have to adapt to the market. This has been happening for centuries.

Remember Ford's assembly line.. if they would have sat built each car... just because people will loose jobs... imagine that..efficiency/productivity...? just a simple example...

Also somewhere i saw that - an advertisement of RadioShack some 30 years ago.. had like 40 products and next to it there was a smartphone that could do all functions of those 40 products. Now people building those 40 products are probably out of work....so people should have not built a smartphone?

All these examples are machine related.. but there are people who got impacted and they had to adapt.
Similarly.. H1Bs was attractive becuase they are saving cost.. not just in salary... but in terms upto date tehhnology awareness etc.... companies will go for them... people have to adapt and find some niche area...


this applies to people like me as well..in next 10 years... kids 20 years younger to me will be more tech savvy than i am.... i have to step up or do something to flourish..

[gcq]

People reading that Sessions article might have no clue that he is shedding his crocodile tears for US workers to cover up his racist agenda. He is speaking the language of NUSA - reduce US immigration.

For the other article from computerworld, Patrick Thibodeau is a party to anti-immigrant groups like NUSA. He always publishes articles like these. As immigrants we should refrain from giving publicity to such articles. Timing of this article is interesting. It is coming at a time when lawmakers are trying to increase H1B numbers. This is a coordinated media campaign by anti-immigrant groups.

[Ramsen]

People reading that Sessions article might have no clue that he is shedding his crocodile tears for US workers to cover up his racist agenda. He is speaking the language of NUSA - reduce US immigration.

For the other article from computerworld, Patrick Thibodeau is a party to anti-immigrant groups like NUSA. He always publishes articles like these. As immigrants we should refrain from giving publicity to such articles. Timing of this article is interesting. It is coming at a time when lawmakers are trying to increase H1B numbers. This is a coordinated media campaign by anti-immigrant groups.

For the other article from computerworld, Patrick Thibodeau is a party to anti-immigrant groups like NUSA. He always publishes articles like these. As immigrants we should refrain from giving publicity to such articles. Timing of this article is interesting. It is coming at a time when lawmakers are trying to increase H1B numbers. This is a coordinated media campaign by anti-immigrant groups.[/QUOTE]

Laying off 450 persons out of 1200 and giving project/job for off shoring companies is not a small matter. Many companies did this in past and it is not an easy thing to get job in this environment.In olden days Layoffs were part of clean up process and it used to give benefit for both the company and employees as the employees used to get better job. But after outsourcing this has changed and for those employees it is taking years to train and get job as everywhere companies are trying to fill by H1bs, outsourcing companies. In consulting for some areas the rates are in crazy low. So h1b increase will increase cheap labor and even if 200k is given companies will tell the positions are unfilled. In high tech only 20% of the jobs will require hardcore skills which is difficult to fill always. Most 80% of the jobs are like advertising phd for qa jobs or getting MS for changing 2 lines of code in 2 months with pages of documentation work.

Note the point that 2 out of 10 Senators who wrote a letter was co-sponsoring the I-Squared bill. So it does not look like advertising campaign.So by supporting the layoff and outsourcing you might already lost 2 votes in Senate. See this is how all the past bills failed. Basically wise idea is support Grassley effort and negotiate with his protection idea to increase H1b and GC. His changes are very simple as some test for US workers available before recruitment. And he will allow the immigration bills with moderate rise in H1b and green card. Or other option is status quo. But many are choosing status quo is better than first option. Now after many years ** realized that and ready for negotiation but Corporate is not accepting that.

[qesehmk]

In olden days Layoffs were part of clean up process and it used to give benefit for both the company and employees as the employees used to get better job.
It was never about employees. Even today it is not about employees. It's always about profits. Right wrong .... ? Don't want to get into that debate. But just saying ...




In consulting for some areas the rates are in crazy low. So h1b increase will increase cheap labor and even if 200k is given companies will tell the positions are unfilled. In high tech only 20% of the jobs will require hardcore skills which is difficult to fill always. Most 80% of the jobs are like advertising phd for qa jobs or getting MS for changing 2 lines of code in 2 months with pages of documentation work.

This is dividing high tech workers further into "really-high-tech" vs "not-so-high-tech". I don't understand why is there a need to make this division - particularly when YOU are supposed to be on "THIS" side of the debate.


Note the point that 2 out of 10 Senators who wrote a letter was co-sponsoring the I-Squared bill. So it does not look like advertising campaign.So by supporting the layoff and outsourcing you might already lost 2 votes in Senate. See this is how all the past bills failed. Basically wise idea is support Grassley effort and negotiate with his protection idea to increase H1b and GC. His changes are very simple as some test for US workers available before recruitment. And he will allow the immigration bills with moderate rise in H1b and green card. Or other option is status quo. But many are choosing status quo is better than first option. Now after many years ** realized that and ready for negotiation but Corporate is not accepting that.
I think **'s thinking is completely muddled. First it looks like they are desperate to get a seat at the table at any cost. Second they don't understand that EB immigration is NOT a pressing issue for ANYBODY and hence advocacy has a limited role there. Third they don't understand that H1B is not exactly same as EB immigration. Fourth they don't understand that America is still very very pro immigrant and so instead of sleeping with the devils they need to partner with pro -immigrant groups. But therein lies the dilemma of sharing the credit. Fifth they have completely ignored the role of judiciary and how effective it can be to address legitimate grivances of immigrants.

The sheeples meanwhile are in ample supply.

[Ramsen]

It was never about employees. Even today it is not about employees. It's always about profits. Right wrong .... ? Don't want to get into that debate. But just saying ...



This is dividing high tech workers further into "really-high-tech" vs "not-so-high-tech". I don't understand why is there a need to make this division - particularly when YOU are supposed to be on "THIS" side of the debate.


I think **'s thinking is completely muddled. First it looks like they are desperate to get a seat at the table at any cost. Second they don't understand that EB immigration is NOT a pressing issue for ANYBODY and hence advocacy has a limited role there. Third they don't understand that H1B is not exactly same as EB immigration. Fourth they don't understand that America is still very very pro immigrant and so instead of sleeping with the devils they need to partner with pro -immigrant groups. But therein lies the dilemma of sharing the credit. Fifth they have completely ignored the role of judiciary and how effective it can be to address legitimate grivances of immigrants.

The sheeples meanwhile are in ample supply.
The companies are arguing that we have a non availability of certain skills, so we need more H1b. But anti immigrants argument is ok you just prove it and get more people. Grassley is asking ok you are saying that you have lack of high skilled persons, first test it with US workers and if no availability then get H1b. But Corporations are not ready for that. They want excellent skills but as cheap as possible. But if companies can tell the truth that they need only profit and want to create more competition then they can ask the same to congress and get the bill to be passed. They very well aware that if they tell the truth they will never get single sponsor. Even Hatch is saying we have terrible shortage of skills at the same time not accepting the test for that. That is pure hyprocrisy. I am sure you are boldly supporting globalization and competition but can you sell to US and US congress. That is were practical difficulty comes.

I do not have any association with ** but I was following them from the day they started. Initially they were left and right supporting unlimited immigration and if anyone tell corrections they ban without any hesitation. You could see hundreds of postings against Senator Grassley from 2007 to 2010. But after 5 years they came to situation of negotiating with him and after HR3012 I saw many were praising him a lot in 2012. Everyone needs suffering to learn lesson and repeated failures will teach a lesson. If somehow H1b increase is passed then no motivation for EB immigration. So priority will go down further. So any bill cannot override Grassley for next 2 years. So now no immigration increase for 2 years

[qesehmk]

The companies are arguing that we have a non availability of certain skills, so we need more H1b. But anti immigrants argument is ok you just prove it and get more people. Grassley is asking ok you are saying that you have lack of high skilled persons, first test it with US workers and if no availability then get H1b. But Corporations are not ready for that. They want excellent skills but as cheap as possible. But if companies can tell the truth that they need only profit and want to create more competition then they can ask the same to congress and get the bill to be passed. They very well aware that if they tell the truth they will never get single sponsor. Even Hatch is saying we have terrible shortage of skills at the same time not accepting the test for that. That is pure hyprocrisy. I am sure you are boldly supporting globalization and competition but can you sell to US and US congress. That is were practical difficulty comes.

I do not have any association with ** but I was following them from the day they started. Initially they were left and right supporting unlimited immigration and if anyone tell corrections they ban without any hesitation. You could see hundreds of postings against Senator Grassley from 2007 to 2010. But after 5 years they came to situation of negotiating with him and after HR3012 I saw many were praising him a lot in 2012. Everyone needs suffering to learn lesson and repeated failures will teach a lesson. If somehow H1b increase is passed then no motivation for EB immigration. So priority will go down further. So any bill cannot override Grassley for next 2 years. So now no immigration increase for 2 years

Ramsen - sorry if i came across as critical of YOU personally. That was not my objective.

I believe Hatch is still ok and a reasonable guy. But grassley sessions are outright useless from immigration perspective and it would be a terrible mistake to partner with them.

Other than advocacy - I think there is a judicial path that a pro-immigrant organization can and should take. But nobody has done that yet. American justice system is the best in the world. And immigrants will be surprised how well it works if they try to raise their voice against injustices.

For starters I believe the whole notion of country quota is against American values of "All men are born equal". The moment you decide country quota based on where you are "Born" - that principle has gone out the window.

I am 100% sure if a challenge is made in the courts - that the courts will raise eyebrows on how the existing laws and whether they are against the constitution.

[sportsfan33]

This is dividing high tech workers further into "really-high-tech" vs "not-so-high-tech". I don't understand why is there a need to make this division - particularly when YOU are supposed to be on "THIS" side of the debate.



I am making a random comment that doesn't have to do anything with the debate.

In the 4 companies that I have worked for (just changed yet another job...green card zindabaad!!!), I have realized something.

- For every 100 people in a company (and that includes really large and successful brands...think Microsoft), there is about 1 person who the company really needs. The rest 99 (which can include people up to the VP's level) are totally disposable. Sometimes, the higher ups are downright atrocious and sink the ship faster than the Titanic. Usually, the 1 important person is a super rock star developer.

- The important super rock star developer usually thinks 10 times faster than even the good ones and can pinpoint the right solution among hundreds of possible solution in a matter of hours. Even the good ones will fumble around for weeks before finding the right answer. The super rock star developer will know enough about entire line of products, the coding architecture, and can usually solve complex and incomprehensible issues. There is nothing that can stop this person.

- Sometimes, the rock star developer will be known by everyone. Often times though, he/she is just not known and is toiling away in anonymity. I have seen instances when the rock star made less money than even I did (I am no rock star).

Not every tech job is the same. Can you crank out a core library in a matter of days that will be used by tens of applications and your company's bottom line pretty much depends upon your code which will be executed a trillion times in real time against real world data 95% of which you haven't seen? If you cannot, then no...a tech job is not any other tech job.

[qesehmk]

a tech job is not any other tech job. No doubt about that sports! But that is a very different discussion - isn't it?

[kuku82]

Does anybody know whether the stay is on Obama's "entire" executive order? Or is it the DACA/DAPA aspect of it?

[vishnu]

Does anybody know whether the stay is on Obama's "entire" executive order? Or is it the DACA/DAPA aspect of it?

confirmed by multiple sources including USCIS director that the stay is only on extended DACA + DAPA...

don't worry!

[kuku82]

That's some respite! Although legal immig fixes are through rule making process as I understand which can take years - someone please tell me I'm wrong on this!

[abcx13]

I think the best thing to do would be to advocate for HR3012 style repeal of per country quotas. Everything else is too ambitious and once country quotas are repealed and it becomes everyone's problem you are a lot more likely to see action. Right now racist Congressmen like Sessions and Grassley don't care because it is an IC problem. Make it a problem for white people - Irish, Germans, etc. - and see how the tone changes.

[CleanSock]

http://www.murthy.com/2015/04/27/newsflash-lawsuit-filed-to-block-h-4-ead-rule-but-no-cause-for-panic/

[gs1968]

Very interesting read although unlikely to succeed across both chambers but one can never say in politics

A few House Republicans have a novel approach for making up a shortfall in the Highway Trust Fund: attach legislation to increase the number of visas going to high-skilled workers.

Rep. Blake Farenthold of Texas said Thursday that the $118 billion in increased revenue from a bill to boost high-tech visas is nearly the same amount needed to make up the shortfall in the highway trust fund. Authority to spend money from the trust fund, which pays for most highway projects, expires May 31, and lawmakers are trying to come up with a fix.

"It addresses two things that need to be done: the highways and the high-skilled visas. It's trying to find the money in a way that's a little bit out of the box," Farenthold said.

He said he was working on the issue with GOP Rep. Mimi Walters of California. The two lawmakers sit both on the Judiciary and Transportation committees, the two panels with jurisdiction.

Judiciary Committee Chairman Bob Goodlatte, R-Va., looks favorably on the proposal, but it's not clear if it would find favor with House leadership.

Passing a bill to boost high-tech visas is at the top of the wish list for many in the business community. Such provisions were included in comprehensive immigration legislation that passed the Senate two years ago but died in the House. With a comprehensive immigration bill no longer on Congress' agenda, some lobbyists have been maneuvering for a way to get a high-tech visa bill through on its own, and attaching it to a must-pass item like the high-way bill could look like an appealing option — if a long-shot.




Read more here: http://www.thestate.com/news/business/national-business/article19941291.html#storylink=cpy

[gs1968]

I think the email this AM from the other site refers to possible visa recapture announcement on Monday

[psychedelicNerd]

I believe so too. That's the only thing that makes sense given the timelines. It can't be a significant move on HR 213 bill, that won't see the light of day given the current dynamics with the judiciary committee. I don't think it can be EAD for I140 either. It's too early in the rule making process. I think it's the recapture that's coming our way.

Keeping fingers crossed. Typing with Fingers Crossed is hard.

[gs1968]

To psychedelicNerd
I hope your statement is true. The legal authority will obviously be questioned (lawsuits/NumbersUSA etc). I am hoping that this news is substantiated by other news organizations throughout today.Unlike legislative action where they might be privy to information unknown to others due to lobbying efforts,administrative action is usually in the public realm and if an announcement was only days away,other organizations especially AILA should be mentioning this.We will wait and see

[CleanSock]

Gs1968,
what is this email you are talking about?



I think the email this AM from the other site refers to possible visa recapture announcement on Monday

[psychedelicNerd]

CleanSock,

This is the email that came from the site that cannot be named...

Heads Up!
We wanted to provide you with a heads up about the upcoming positive announcement on Monday (5/4) so that you don't miss it. If you care for the green card backlog fixes and high-skilled immigration you do not want to miss this upcoming announcement.

[idiotic]

http://blogs.rollcall.com/218/immigration-fight-return-house-month/?dcz=

[mechanical13]

http://blogs.rollcall.com/218/immigration-fight-return-house-month/?dcz=

Oh law firm seems to have a new post on the potential topic discussed in the "Heads Up" email we received last night.

It does appear to be about visa recapture through administrative fix. Could the President/Admin move so quickly with any kind of fix? Its only been a month an a half since the letter to the President requesting visa recapture.

[qesehmk]

It does appear to be about visa recapture through administrative fix. Could the President/Admin move so quickly with any kind of fix?

I wouldn't be very hopeful about visa recapture through an "Administrative Fix".

IMHO this would require congressional action because the numbers are governed by the law.

I'd be curious if somebody has information that supports "Administrative Fix" as a valid way for recapture.

[geterdone]

I wouldn't be very hopeful about visa recapture through an "Administrative Fix".

IMHO this would require congressional action because the numbers are governed by the law.

I'd be curious if somebody has information that supports "Administrative Fix" as a valid way for recapture.

https://watsonimmigration.wordpress.com/2014/10/23/visa-guru-charlie-oppenheim-agrees-there-are-unused-visas/

This is one the links I have seen in the past. I guess the law is not clear on this so it can go either way and it can be exploited if they want.

Again I am not so sure they are going to say anything about recapture on Monday.

[Ramsen]

https://watsonimmigration.wordpress.com/2014/10/23/visa-guru-charlie-oppenheim-agrees-there-are-unused-visas/

This is one the links I have seen in the past. I guess the law is not clear on this so it can go either way and it can be exploited if they want.

Again I am not so sure they are going to say anything about recapture on Monday.

** says that the positive news will impact everyone. Another news get ready to file I485 so that do not miss the opportunity. Those are indication for everyone to file GC. So it is either recapture or filing I485 without current. Worst case scenario is they will make everyone's PD current for a month or more. Best case scenario is recapture.

[gcq]

** had been saying all along that "visa recapture is impossible through administrative fix". It would be very interesting to see whether they will take a 180 degree turn on it. I am not basing my OPINION on law, but I always had a FEELING that recapture is possible through administrative fix. My reasoning is the visas were wasted not because of lack of demand but due to inefficiency of USCIS and DOS. If visas were sent back to DOS because of "lack of demand", that could not be recaptured by administrative fix because law covers this situation clearly. However if it was wasted because of inefficiency, there is scope for administration to step in and address it through administrative fix.

[Ramsen]

** had been saying all along that "visa recapture is impossible through administrative fix". It would be very interesting to see whether they will take a 180 degree turn on it. I am not basing my OPINION on law, but I always had a FEELING that recapture is possible through administrative fix. My reasoning is the visas were wasted not because of lack of demand but due to inefficiency of USCIS and DOS. If visas were sent back to DOS because of "lack of demand", that could not be recaptured by administrative fix because law covers this situation clearly. However if it was wasted because of inefficiency, there is scope for administration to step in and address it through administrative fix.

My opinion is same. It is not possible to do recapture by law. Again it is easy to find loophole. One loophole is they could use AC 21 if there were any remaining wasted visas from 1992. Also Administration could think that no one can successfully file a lawsuit as it is difficult to prove the standing in the case than merit of the case

[mechanical13]

My opinion is same. It is not possible to do recapture by law. Again it is easy to find loophole. One loophole is they could use AC 21 if there were any remaining wasted visas from 1992. Also Administration could think that no one can successfully file a lawsuit as it is difficult to prove the standing in the case than merit of the case

Maybe it is mass amnesty for everyone via executive order? :rolleyes: Something that even tourists on the plane at this point in time to the US can benefit from?

Sadly, it seems like the blatant issues are not being fixed (EB1C misuse, per country limits), and lofty and difficult to implement ideas are being sought.

How I wish we had the courage to do something like Atlas Shrugged and abscond en-mass and see how this economy crumbles. Unfortunately, collective action is not something we execute with unity...

Sorry...13 years in this country without an end in sight can make you very cynical, I guess.

[qesehmk]

How I wish we had the courage to do something like Atlas Shrugged and abscond en-mass and see how this economy crumbles. Unfortunately, collective action is not something we execute with unity...

Sorry...13 years in this country without an end in sight can make you very cynical, I guess.
mech - collective action can make a difference. Try getting people together and challenge the country quota in courts. I think there is a strong case to be made there.

[Suva2001]

This is just posted by **

----------------------------------------
Please understand that there is a need to hold off until tomorrow for the Administration to make the official announcement. It will be wrong for us or for that matter anyone to get ahead of the Administration and violate the trust.

As you are aware that we have been strongest advocate of recapture and dependents exemptions. But you may also be aware and we have all along shared this in the past that it is very difficult to do recapture and dependents exemptions as Admin fix.

Whatever is announced tomorrow, rest assured that Administration did everything possible within the legal authority of the President. We all have a lot to be thankful for to the President, the WH staff and the Obama Administration.

Please manage your expectations to look at the announcement with an open mind and please try to see beyond the obvious.

It's going to be a good day tomorrow.
----------------------------------------

[nathang]

mech - collective action can make a difference. Try getting people together and challenge the country quota in courts. I think there is a strong case to be made there.

Therein lies the rub. The discrimination angle is the result of the law and not the law itself. The law is unfair due to limiting numbers based on country of birth where not every country has the same amount of population. So this results in discrimination.

Granted it can be argued that national origin should not be used as a limiting basis, but the result can go either way.

This also shows the true intent of AiLa and lawyers in general. Since this will benefit the entire community, why is no lawyer taking this up as a pro bono case? Because they care only about their money and actually do not care about people stuck in this mess.

[nathang]

This is just posted by **

----------------------------------------
Please understand that there is a need to hold off until tomorrow for the Administration to make the official announcement. It will be wrong for us or for that matter anyone to get ahead of the Administration and violate the trust.

As you are aware that we have been strongest advocate of recapture and dependents exemptions. But you may also be aware and we have all along shared this in the past that it is very difficult to do recapture and dependents exemptions as Admin fix.

Whatever is announced tomorrow, rest assured that Administration did everything possible within the legal authority of the President. We all have a lot to be thankful for to the President, the WH staff and the Obama Administration.

Please manage your expectations to look at the announcement with an open mind and please try to see beyond the obvious.

It's going to be a good day tomorrow.
----------------------------------------

Hope this helps to temper expectations. Also some things that could have been are not, due to shifting ground realities.

[qesehmk]

My understanding is that the laws can be challenged too if they go against the constitution.

I am not a constitutional expert (duh!) but I believe the whole idea of country quota is totally against the declaration of independence proclaiming "All men are created equal". And thus i think the law itself can be challenged in the court and the country quota can be struck down.

Given that there are not other stakeholders for EB-I folks - I think they must take matters in their own hands.


Therein lies the rub. The discrimination angle is the result of the law and not the law itself. The law is unfair due to limiting numbers based on country of birth where not every country has the same amount of population. So this results in discrimination.

Granted it can be argued that national origin should not be used as a limiting basis, but the result can go either way.

This also shows the true intent of AiLa and lawyers in general. Since this will benefit the entire community, why is no lawyer taking this up as a pro bono case? Because they care only about their money and actually do not care about people stuck in this mess.

[mechanical13]

My understanding is that the laws can be challenged too if they go against the constitution.

I am not a constitutional expert (duh!) but I believe the whole idea of country quota is totally against the declaration of independence proclaiming "All men are created equal". And thus i think the law itself can be challenged in the court and the country quota can be struck down.

Given that there are not other stakeholders for EB-I folks - I think they must take matters in their own hands.

I completely agree with your Q, and I do think that an open challenge in court would be well heard with potentially good outcomes.

Unfortunately, there are several things that hinder such action:

1)Misaligned incentives of lawyers: Right now, there is a lot of money to be made via the whole clogged system. AILA appears to be full of benevolent vampires (blood sucking) that want to help, but not help enough to remedy the situation. What we need is someone with very deep pockets (Mark Zukerberg types) who is willing to force mercenary lawyers to fight the good fight.

2)The best option is to classify this as a class action, since there are so many of us who are uniformly impacted. To create a "class", we do need to share our details and come together documentarily. There is enormous hesitation among the Indian community to do any such thing due to a variety of reasons (ranging from 'body shopping' to family situation).

3) The grassroots organizations that exist (e.g. **) are so busy creating some form of consensus among the fragmented Indian community and trying to pursue this in a 'Gandhian' way. Lobbying, soft-peddling and cajoling is probably one way to achieve an end. We need an organization that is willing to take things on in a more abrasive manner.

Maybe if we can get enough critical mass via Q's - we can kick something off.

Thoughts?

[qesehmk]

I completely agree with your Q, and I do think that an open challenge in court would be well heard with potentially good outcomes.

Unfortunately, there are several things that hinder such action:

1)Misaligned incentives of lawyers: Right now, there is a lot of money to be made via the whole clogged system. AILA appears to be full of benevolent vampires (blood sucking) that want to help, but not help enough to remedy the situation. What we need is someone with very deep pockets (Mark Zukerberg types) who is willing to force mercenary lawyers to fight the good fight.

2)The best option is to classify this as a class action, since there are so many of us who are uniformly impacted. To create a "class", we do need to share our details and come together documentarily. There is enormous hesitation among the Indian community to do any such thing due to a variety of reasons (ranging from 'body shopping' to family situation).

3) The grassroots organizations that exist (e.g. **) are so busy creating some form of consensus among the fragmented Indian community and trying to pursue this in a 'Gandhian' way. Lobbying, soft-peddling and cajoling is probably one way to achieve an end. We need an organization that is willing to take things on in a more abrasive manner.

Maybe if we can get enough critical mass via Q's - we can kick something off.

Thoughts?
Thanks Mech. Not all lawyers are bloodsuckers. There are a few who deeply care about law and justice. So I am sure finding one will be difficult but not impossible.

Doing something is a great idea. Lets see what other people think about it.

[Suva2001]

Why is this forum so quit? Some of the other websites have already crashed!

[gten20]

Why is this forum so quit? Some of the other websites have already crashed!
we are not quitters! :mad:
Just kidding. :p

whats the point of speculating till we actually hear something official... Nobody has any information other than ** and they are not sharing it.

[idiotic]

https://twitter.com/gsiskind/status/595194368773881856

[gten20]

Recent post on Facebook by **:
We are working on this AAO's amicus curiae briefing separately but that is not part of the announcement. As much as we would like to share with everyone, it must be announced by the official channel. So we request everyone to please sit back relax and hang-in there until the official announcement.

[Jagan01]

Saw update on Oh-Law stating "Watch Visa Bulletin"

[Suva2001]

Update by Aman on I.V. website

---------------
We have been told that there is a late breaking change of plans for public release of the Report containing the recommendations for skilled immigration Administrative fixes based on the RFI issued under President's Executive Action on Immigration.

There are specific technology bottlenecks that have caused the last minute delay for the public release of the Report. It is anticipated that the delay will be a few weeks and not months. However, we have also been told that all the policy items and fixes in the Report are locked-in and these fixes will not change (or water-down) in these coming few weeks.

We realize that a lot of us were expecting a formal announcement today. All of us have waited for many years for a legislative change, but Congress is yet to live up to its promise to fix the broken immigration system. Now that Obama Administration is so close to making meaningful Administrative fixes to the skilled immigration system, even though we are all eagerly looking forward to the formal announcement of the fixes, we request you to please be a little more patient as these bottlenecks are being resolved.

It will be our continued priority to see the final implementation of these meaningful administrative fixes for skilled immigrants.

We appreciate your continued support and active participation.

Thank you!
---------------

[qesehmk]

Update by Aman on I.V. website
---------------
We have been told that there is a late breaking change of plans for public release of the Report containing the recommendations for skilled immigration Administrative fixes based on the RFI issued under President's Executive Action on Immigration...

Hopefully now you may have realized why this site was quit(e) while other sites were breaking down ;)

The reason is - we are driven by facts and analysis. We don't have any insider information, nor we have any contacts in high places.

We believe there is ample data out there that one can look objectively and try to figure out the green card mess and make intelligent decision about life and career today.

There doesn't have to be thousands of people following this site. If there is one that says - you saved me the agony of wait and helped me make best decisions -- we will be happy for that.

Sorry don't mean to preach to the choir (since I know many of you believe the same). But just wanted to reiterate the focus of this site.

[Ramsen]

Hopefully now you may have realized why this site was quit(e) while other sites were breaking down ;)

The reason is - we are driven by facts and analysis. We don't have any insider information, nor we have any contacts in high places.

We believe there is ample data out there that one can look objectively and try to figure out the green card mess and make intelligent decision about life and career today.

There doesn't have to be thousands of people following this site. If there is one that says - you saved me the agony of wait and helped me make best decisions -- we will be happy for that.

Sorry don't mean to preach to the choir (since I know many of you believe the same). But just wanted to reiterate the focus of this site.

It looks like news is true based on the hype built by **. So they took a big gamble and lost face. They did not study about government matters. This is a big set back for ** even though they get some thing big in a few weeks. Everyone learning lesson very hardway

[qesehmk]

It looks like news is true based on the hype built by **. So they took a big gamble and lost face. They did not study about government matters. This is a big set back for ** even though they get some thing big in a few weeks. Everyone learning lesson very hardway
I think EB-I immigrants are so vulnerable that they will buy any rumour. In this case - I do not believe the intention was to spread rumour. But if I were in their shoes - I wouldn't create such a hype. I would've said matter of fact - We worked with USCIS - did A B C - provided X Y Z - whatever ... and we expect USCIS to incorporate those view points in their upcoming announcement which could happen as soon as this monday.

Good luck to all - whatever the announcement is - and whenever that comes around.

[aquatican]

O h yeah. I saw that and printed out the may bulletin and watched it for around 20 minutes. Didn't change much.

[gcq]

I think EB-I immigrants are so vulnerable that they will buy any rumour. In this case - I do not believe the intention was to spread rumour. But if I were in their shoes - I wouldn't create such a hype. I would've said matter of fact - We worked with USCIS - did A B C - provided X Y Z - whatever ... and we expect USCIS to incorporate those view points in their upcoming announcement which could happen as soon as this monday.

Good luck to all - whatever the announcement is - and whenever that comes around.
Amen ! I guess what they are doing is taking credit before everyone else. Otherwise people may say ** had nothing to do with it. Now they have created that impression that they are the only one who knows it. If they are privy to such matters, the mature way to do is keep mum and announce it the way Q said. Creating a hype around confidential information will create a trust issue between them and administration. Maturity is something ** always lacked !

[Suva2001]

I agree with you.

[skpanda]

I kind of anticipated this. I think they are under pressure to gain the trust of immigrants since there are other groups who are able to successfully work on advocacy or other immigration related items (This website is one of them). Recently there has been successful coordinated efforts in Trackitt for H4 EAD.

So ** wants to show that they are the torch bearers and leaders in immigration reform from immigrants side. Therefore they are trying to announce upfront and take credit. Unfortunately for them, this back fired.

I think this strategy is very childish. Everybody knows that they do advocacy events. Administration acknowledges their name in some announcements. Like Q suggested, I think they should just be honest in saying that we have suggested these items to the administration and we have received positive response from them. There could be announcement on these very soon in few weeks (no need to give a date).

Why does it want all immigrants to rally behind them? Primary reason, ** would not exist if immigrants do not get involved in its efforts and then secondary reason - obviously the donations of immigrants to run their organization. (Note: There is nothing wrong in seeking donations since they actually need monetary support to carry out their plans... however the way they chide people for donations is over the top. Also some of the admins there are bullys).

[redwood]

Saw update on Oh-Law stating "Watch Visa Bulletin"

The lawyers know jack sh*t, they (including AILA) carry absolutely no weight with the lawmakers and the administration. All they do is speculate wildly and regurgitate old news. Most of the immigrants take it as gospel and that is a tragedy.

[gs1968]

Hopefully now you may have realized why this site was quit(e) while other sites were breaking down ;)

The reason is - we are driven by facts and analysis. We don't have any insider information, nor we have any contacts in high places.

We believe there is ample data out there that one can look objectively and try to figure out the green card mess and make intelligent decision about life and career today.

There doesn't have to be thousands of people following this site. If there is one that says - you saved me the agony of wait and helped me make best decisions -- we will be happy for that.

Sorry don't mean to preach to the choir (since I know many of you believe the same). But just wanted to reiterate the focus of this site.

To Q and other fellow members
It was impressive to see the decorum and restraint observed by the members of this forum in the face of what seemed like a continuous barrage of information/interpretation of a 4 line e-mail. Everybody had their own views and obviously had no patience/time for counter-argument
Somehow I was reminded of the following story

http://www.noogenesis.com/pineapple/blind_men_elephant.html

gten20 had the best approach to this

"whats the point of speculating till we actually hear something official... Nobody has any information other than ** and they are not sharing it. "

Unfortunately all this has served is to reopen the fault lines between India-China/ROW ,EB-1C/EB2/EB3 etc
It was heartening to see the members focused on the predictions thread to plan their life better than get carried away by the speculations.
My personal opinion for what it is worth is that the Administration has thoroughly reviewed what is possible and what is not under current law and clearly articulated that during the President's announcement last fall.The mileage from such an event has been extracted and there is no benefit to going back and revisiting the issue for them. We already know the points that were mentioned and all that remains is the follow through by the USCIS/DOS which appears to be on track and will be announced when ready

PS-I am equally guilty of getting excited when I saw the e-mail and was the first to post about it on this forum. Little did I expect that the situation would balloon out of control on all the other forums!

[Kanmani]

http://www.visalaw.com/is-something-brewing/

[redwood]

http://www.visalaw.com/is-something-brewing/

You would see more lawyers coming out and saying the same thing. They knew nothing and probably know nothing but want to cash in on the free marketing. This was happening at the WH level and ** was working with WH to get these things out.

All those guys who think this is a PR disaster for ** need to understand we have no choice but **. We can all come to forums and discuss things ad infinitum but with no solutions or even an attempt at a solution. These ** leaders, American citizens and GC holders are working for you and me. The least we can do is to support them morally.

P.S. : I am a supporter of ** but not an active volunteer.

[idiotic]

Please read ** facebook post where they already publicized the partial contents of the report before it is released.

[abcx13]

What did they say?

[idiotic]

What did they say?

It seems the post is now deleted. It's basically EAD for approved I-140 (for most)

[Spectator]

Someone on Trackitt posted a link to an interesting Greg Siskind blog entry made today http://blog.ilw.com/gregsiskind/2015/05/15/white-house-proposal-would-grant-work-cards-to-backlogged-employment-green-card-applicants/

Greg is at great pains to say he can't authenticate the document “Authority to Modify Certain Procedures Related to Petitions for Employment-Based Immigrant Visa Petitions”, so please bear that in mind.

From reading through it, I thought it worth noting some unsaid points that arise form it.


1. USCIS would amend its regulations regarding the revocation or continued validity of approved I-140 petitions in cases where an employer withdraws the petition or terminates its business. Current regulations make such a revocation by USCIS automatic. The new rule would consider these I-140 petitions to remain valid for a beneficiary when “certain criteria are met.”

Not much to say. According to the document, the criteria would be that the I-140 was approved for one year and the person was working in a "same or similar job".


2. USCIS would issue a new rule providing employment authorization to beneficiaries (and their derivative spouses and children) of approved employment-based immigrant visa petitions.

a) This is not the ability to file I-485 based on an approved I-140. In the article it says:


The memorandum notes as well that while I-140 beneficiaries would be able to change jobs without fear of losing their underlying immigrant visa petition, most beneficiaries would be unable to adjust status in the US since they would no longer hold non-immigrant status. Consular processing would generally be the route to permanent residency (which, the memorandum notes, may have the side benefit of deterring fraud or misuse of the program).

Presumably, like AOS applicants, the person would be able to remain in the USA based in a period of "Authorized Stay" by virtue of USCIS policy. Since it is not legal status, those days would count towards the number allowed under 245(k).

If this were to be true, it would be a major disappointment to many people.

b) Employment Authorization is mentioned repeatedly, yet Advance Parole is never mentioned.

Combined with (a) above, this would seem to have the effect of "landlocking" people, with no means to travel outside and return to the USA. To do so, without Advance Parole, it seems they would need to regain a valid non-immigrant status to return.

It may well be that is was discussed in the rest of the document, but Greg just failed to mention it. I think USCIS do have power to grant Advance Parole by Rule making.


I encourage people to read the full article and make their own mind up on what it says.

Finally,I can't stress enough that the document is not authenticated. Here's what Greg says:


Here’s what I don’t know –
1. Who this memorandum was written by or directed to. It seemingly is intended for someone in a senior role vetting the implementation of the executive action proposals.

2. The timing. The memorandum doesn’t mention whether drafting has begun or when a notice of proposed rulemaking may be released. The fact that rulemaking is needed means that we’ll be waiting many months – my guess is about a year – before we actually see this proposal take effect.

3. Whether other proposals are still in the running including recapturing unused green cards from prior years or not counting derivatives in the green card quotas.

4. Whether this document is even real. I received this six page document anonymously and while it is very detailed and written in a way that suggests a great deal of inside knowledge about what is happening at the agency, I can’t yet verify its authenticity.


Even despite the caveats, I still believe it is interesting enough to share. I don't think it represents what people would like to see. It may well be one of a raft of suggestions (the date of the document is not disclosed) and not necessarily what is announced.

[gcq]

The way I look at EAD for spouses and derivatives is :
Everything remains same for them. They will have to maintain an H4 visa and status all the time as before. The only addition would be employment authorization through EAD which allows them to work. So the question of not able to adjust status don't arise as they are supposed to maintain the H4 status all the time.

NB: This is a speculation from my side.

[gten20]

** commented on Gregs blog post
https://www.facebook.com/****************/posts/917396671659891
[QUOTE]A member shared this earlier today: http://blog.ilw.com/gregsiskind/2015/05/15/white-house-proposal-would-grant-work-cards-to-backlogged-employment-green-card-applicants/

[Spectator]

The way I look at EAD for spouses and derivatives is :
Everything remains same for them. They will have to maintain an H4 visa and status all the time as before. The only addition would be employment authorization through EAD which allows them to work. So the question of not able to adjust status don't arise as they are supposed to maintain the H4 status all the time.

NB: This is a speculation from my side.gcq,

Having an EAD is one thing. Actually use it and the status is gone anyway.

The more I think about it, this must be one action that meshes with others - it doesn't make sense otherwise.

[kd2008]

I cannot believe that how gullible employment based immigrants can be even after repeated false starts. The announcement drama and the the fiasco of no announcement was totally expected. Until illegals get their pound of flesh, this administration will do absolutely nothing for legals. So if there is no expanded DACA/DAPA due to the current court case then there is nothing for us.