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

[skpanda]

http://abcnews.go.com/Politics/wireS...rhaul-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/wireS...rhaul-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/2014/1...n_6188450.html

[tenyearsgone]

http://www.huffingtonpost.com/2014/1...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/info...gration-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/info...gration-system

[girish989]

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

http://www.whitehouse.gov/share/info...gration-system

[gten20]

http://www.whitehouse.gov/share/info...gration-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...e-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/presi...address-nation

[sstest]

here we go.
http://www.whitehouse.gov/live/presi...address-nation

http://www.foxnews.com/us/interactiv...igration-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/interactiv...igration-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