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

[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.

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/immi...-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/...e-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/171...lity-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...er-immigration

Attachment 734

[gcq]

Thanks GOP.

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

Yup, that was GOP's best pick !

[Jonty Rhodes]

Thanks GOP.

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

Attachment 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...sp&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...sp&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/PRA...01502-1615-004
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-extend...nent-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.