Impact of Executive Order on Immigration

[PD2008AUG25]

The H4-EAD rule also applies to those who have extended an H1B beyond 6 years due to a pending PERM of 365 days or more (if I remember correctly). That wouldn't be covered under any pre-registration rule.

Spec,

Do you know if H4-EAD rule will apply to someone who has an approved I-140 from previous employer?

Thanks.

[gcvijay]

4WatItsWorth,

In many ways it does cover much of the same ground.

The H4-EAD rule also applies to those who have extended an H1B beyond 6 years due to a pending PERM of 365 days or more (if I remember correctly). That wouldn't be covered under any pre-registration rule.

I think more importantly, the H4-EAD rule is close to being implemented and H4 could start to benefit from it fairly soon.

The cynical (or perhaps realistic) part of me says it will be some time (maybe a year) before any pre-registration rule is finalized and comes into effect.

The USCIS page on EO gave timelines for DACA expansion and DAPA of 90 and 180 days. I'm not convinced much will happen with rule making until after those 180 days. As seen with the H4-EAD rule, it is a very long winded and cumbersome process even once it begins.

Spec,
Before all these rules comes in to effect you think ppl like me will become current? July 2009 is my priority date or do you think these things which they are trying to implement will jeopardize the chances of ppl who can become current and will not because DHS\USCIS is busy working on implanting these changes?

Appreciate your inputs.

[Spectator]

Spec,

Do you know if H4-EAD rule will apply to someone who has an approved I-140 from previous employer?

Thanks.

PD2008AUG25,

I'm no expert on the subject.

A cursory glance at the proposed rule only seems to indicate that an approved I-140 is required. I couldn't find a reference to it needing to be with a current employer.

I suggest you read the full rule above (it's the one released for public comment).

[skpanda]

The H4 EAD rule has been updated

FINAL ACTION - 12/00/2014

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AB92


Does this mean, people can send applications in Jan?> Will there be a separate notification as to how to apply for H4 EAD?

[bikenlalan]

What is the timeline for the H-4 EAD rule implementation or rather to be able to file to get EAD? Do they have to publish the final rule, wait for 60 days of comment period and then Obama signs the EO?

[skpanda]

What is the timeline for the H-4 EAD rule implementation or rather to be able to file to get EAD? Do they have to publish the final rule, wait for 60 days of comment period and then Obama signs the EO?

see my link just above your post. H4 EAD has completed all those steps and the only thing that is pending is publishing the rule (Final stage). In the link i have, they have updated the date as Dec 2014. So hopefully by Dec/Jan we should have the publication.

What i am not sure is when will USCIS start accepting the applications. Hopefully that will also be in Jan 2015.

[bikenlalan]

see my link just above your post. H4 EAD has completed all those steps and the only thing that is pending is publishing the rule (Final stage). In the link i have, they have updated the date as Dec 2014. So hopefully by Dec/Jan we should have the publication.

What i am not sure is when will USCIS start accepting the applications. Hopefully that will also be in Jan 2015.

Thanks...Missed reading your post....Any way I found this,
When do final rules go into effect?
When 
an
 agency 
publishes 
a 
final
 rule, 
generally 
the 
rule 
is 
effective 
no 
less 
than 
thirty
 days
 after the 
date 
of 
publication
 in 
the 
Federal
 Register.

 If 
the 
agency
 wants 
to 
make 
the 
rule
 effective 
sooner, 
it 
must
 cite 
“good
cause” 
(persuasive
 reasons) 
as 
to 
why 
this 
is 
in 
the 
public
 interest.


https://www.federalregister.gov/uplo...ng_process.pdf

[nbk1976]

Spec,
Before all these rules comes in to effect you think ppl like me will become current? July 2009 is my priority date or do you think these things which they are trying to implement will jeopardize the chances of ppl who can become current and will not because DHS\USCIS is busy working on implanting these changes?

Appreciate your inputs.

Hopefully USCIS will use all the fines and application fees from the new undocumented people to fund itself more manpower to handle AOS applications as well as the new surge from the undocumented folk. Even now USCIS uses fees from applicants to fund its operations, so AOS applicants should not worry too much.

[ROCK72]

Hopefully USCIS will use all the fines and application fees from the new undocumented people to fund itself more manpower to handle AOS applications as well as the new surge from the undocumented folk. Even now USCIS uses fees from applicants to fund its operations, so AOS applicants should not worry too much.

One more memo...

http://www.whitehouse.gov/the-press-...migrant-visa-s

[anuprab]

http://www.aila.org/content/default.aspx?docid=50817

here you go..summary from AILA on EA. this does mention about recapture and not counting dependents but hope all these depts. don't hit the snooze button and we get the backlog addressed soon!. wishful thinking?

[imdeng]

I don't think we can expect the departments to deal with these with any urgency. Months and years are the norm for these processes. I won't be surprised if Obama's presidency is comes to an end and nothing happens on all these "lets explore the matter" directives and memos. Only way these could have happened with any urgency was if Obama announced them as part of EO. But he didn't - he decided to pass on the responsibility (and the blame and more importantly, the legal liability) to the individual departments. So now they will get stuck there for near future at least.

PS> Anybody seen/read Little Dorrit? The novel described this government department called "the Circumlocution Office". Rule making by USCIS/DHS/etc reminds me of that.

http://www.aila.org/content/default.aspx?docid=50817

here you go..summary from AILA on EA. this does mention about recapture and not counting dependents but hope all these depts. don't hit the snooze button and we get the backlog addressed soon!. wishful thinking?

[idiotic]

http://www.aila.org/content/default.aspx?docid=50817

here you go..summary from AILA on EA. this does mention about recapture and not counting dependents but hope all these depts. don't hit the snooze button and we get the backlog addressed soon!. wishful thinking?

Don't rely on recapture / increase of visa numbers. The presidential memoranda is just an invitation for further proposals from various government agencies before March 20, 2015 (120 days from date of issue of presidential memoranda which was published on Nov 21, 2014). There is zero chance that anything happens here considering that republicans hold both Senate and House and they will screw anyone trying to increase visa numbers in any way.

Our only chance is to wait for regulation(filing of 485 before PD is current) to get through without any obstacles (which even if everything happens fast), not less than 6-8 months wait time. Again, republican Senate and House could damage it any way they want.

[Jonty Rhodes]

I don't think we can expect the departments to deal with these with any urgency. Months and years are the norm for these processes. I won't be surprised if Obama's presidency is comes to an end and nothing happens on all these "lets explore the matter" directives and memos. Only way these could have happened with any urgency was if Obama announced them as part of EO. But he didn't - he decided to pass on the responsibility (and the blame and more importantly, the legal liability) to the individual departments. So now they will get stuck there for near future at least.

PS> Anybody seen/read Little Dorrit? The novel described this government department called "the Circumlocution Office". Rule making by USCIS/DHS/etc reminds me of that.

Agree. Much is being made out of this EO and supposedly great things it contains for legal immigration but the hard fact is that nothing will happen till late 2015 in this regards. The only thing that we can expect to happen around April, 2015 is the H4-EAD rule to go into effect. Allowing legals in backlog to get EAD on approved I-140 and making it easy to change the jobs remain distant dreams for now. It may happen but it is going to take substantial amount of time unlike the programs that gives EADs to illegals which have specific commencement dates. First is Expanded Dreamers' DACA Applications which is starting approximately from 02/22/2015 and another one is Deferred Actions Application for Parents of U.S. Citizens & Permanent Residents which is starting approximately from 05/22/2015. Tragically, when it came to legal immigration, all the regulations, guideline issuance and policy changes have been left to USCIS/DHS who are going to be painfully slow. If these rules come in to effect, it will be at least about a year from now and who knows what will happen by that time. Lets not be too optimistic about recapture or not counting dependents because that may not happen.

[Shadowfax4]

When you're caught between a rock and a hard place, the instinct cannot be fight. It will naturally attempt to turn to flight. For many of us, the rock is an unstable work place/employer/consultant. The hard place is always this flawed immigration system. And people like that (including me) with take almost ANYTHING we can get. I would be on cloud 9 if EAD+AP goes into effect by this time next year. That would in itself open a million doors where with the current immigration system there is this doggy door wide enough for a chihuahua where people like us who are Saint Bernad-ish are supposed to fit through. Ridiculous!

And although the combined power of the Senate and the House of the United States has accomplished diddly squat in the last six years, I have a feeling that trend will continue in the next two. Heck, they only have to pretend to work for a year more. 2016 is a washout with all the primaries and the next big election. Look at all the hullabaloo and vitriol they spewed over the last week. Look at this week: news.google-NOTHING, fox news-NOTHING, all others-NOTHING. They're waking up to the eventuality that if they oppose anything at all, they can kiss 2016 goodbye. And when you can't govern, you are nothing at all in politics. So, let's see what we can get and take what we do get.

[Jonty Rhodes]

When you're caught between a rock and a hard place, the instinct cannot be fight. It will naturally attempt to turn to flight. For many of us, the rock is an unstable work place/employer/consultant. The hard place is always this flawed immigration system. And people like that (including me) with take almost ANYTHING we can get. I would be on cloud 9 if EAD+AP goes into effect by this time next year. That would in itself open a million doors where with the current immigration system there is this doggy door wide enough for a chihuahua where people like us who are Saint Bernad-ish are supposed to fit through. Ridiculous!

And although the combined power of the Senate and the House of the United States has accomplished diddly squat in the last six years, I have a feeling that trend will continue in the next two. Heck, they only have to pretend to work for a year more. 2016 is a washout with all the primaries and the next big election. Look at all the hullabaloo and vitriol they spewed over the last week. Look at this week: news.google-NOTHING, fox news-NOTHING, all others-NOTHING. They're waking up to the eventuality that if they oppose anything at all, they can kiss 2016 goodbye. And when you can't govern, you are nothing at all in politics. So, let's see what we can get and take what we do get.

Yes, I don't deny that we may be able to get EAD+AP and that itself would be a big relief but it would have been better if the President had provided specific guidelines and commencement dates for changes in legal immigration also, like he did for illegal immigrants. Essentially, he left us at the mercy of USCIS/DHS right now and kept the language in EO extremely vague. At this time, we don't even know for sure what is there for us in the pipeline since the language remains so vague.

[kkruna]

They will create unnecessary work for themselves if they go for H4 EAD before proposed AOS while waiting with I-140.

And good luck with any decision once the process of EAD for undocumented starts. In ideal world they should not take any resource out of present one for the latter (as it is supposed to self finance out of fees charged for those EADs), but they will most likely reallocate the resources before they ramp up.

On another note the AILA document indicates that all dependent will get EAD - earlier I thought it was just the primary while the spouse gets through H4 EAD. It would make a difference in case kids are in college.

[kkruna]

Considering that the coming overload from undocumented would shaft people with priority dates in 2010-2011, shouldn't they actually move priority date to, say, Dec 2011 in next VB? I know it would be sort of arbitrary but will at least serve some natural justice - if they cared. Thoughts as you shop for Thanksgiving?

[nbk1976]

It may seem good that USCIS will issue a memo clarifying what "same or similar" job means to help people in AOS to port jobs under the AC-21 Act, but here is the weird part, if you can call it weird. Many of the undocumented people are getting EADs soon, and although they may be in temporary status, they can do whatever they want with the EAD: get a degree, start a business, and work in any employment, and have no "portability" to worry about. Basically, the EAD is a temporary green card, until a full legal status is granted (which seems very possible from history). Whereas, AOS applicants can do no such thing; and the AOS can remain pending for 5 or even 12 years!

Where is the fairness in that? If an AOS applicant has been with his GC sponsor on an EAD for years (at least 2 years), why should the provision of "similar" job for portability purposes even need to be enforced. Could not the USCIS modify the procedure where if the job exists at the time of filing of I-484 and continues to do so for a reasonable time (say 2 years), the burden of maintaining a similar job is completely removed?

[Jonty Rhodes]

It may seem good that USCIS will issue a memo clarifying what "same or similar" job means to help people in AOS to port jobs under the AC-21 Act, but here is the weird part, if you can call it weird. Many of the undocumented people are getting EADs soon, and although they may be in temporary status, they can do whatever they want with the EAD: get a degree, start a business, and work in any employment, and have no "portability" to worry about. Basically, the EAD is a temporary green card, until a full legal status is granted (which seems very possible from history). Whereas, AOS applicants can do no such thing; and the AOS can remain pending for 5 or even 12 years!

Where is the fairness in that? If an AOS applicant has been with his GC sponsor on an EAD for years (at least 2 years), why should the provision of "similar" job for portability purposes even need to be enforced. Could not the USCIS modify the procedure where if the job exists at the time of filing of I-484 and continues to do so for a reasonable time (say 2 years), the burden of maintaining a similar job is completely removed?

That's the irony. It is unfair but so as life. As it has been explained before, sweeping changes in legal immigration system requires legislative changes. But what I was really hoping was that at least there would be some specific timeline that would be announced for legals in this EO. Of course, I was wrong. If you see illegal immigrants, actions for them start from April and May, 2015. But we don't know when we will get the relief if we do get it eventually. Some say 6 months, some say 8 months, some say in a year, but the fact is no body knows exactly what is going to happen with legal immigrants who are severely backlogged. There are talks about giving EADs on I-140, GC recapture or excluding dependents from counting under quota but these are mere talks. As far as we are concerned, everything is in a limbo with various things being talked about but no one seems to know exactly what would be the outcome and when would that happen. And that's my friend is the most unfortunate part, where you can't do anything despite being a law abiding tax filing legal immigrant except ranting on these forums.

[qesehmk]

It may seem good that USCIS will issue a memo clarifying what "same or similar" job means to help people in AOS to port jobs under the AC-21 Act, but here is the weird part, if you can call it weird. Many of the undocumented people are getting EADs soon, and although they may be in temporary status, they can do whatever they want with the EAD: get a degree, start a business, and work in any employment, and have no "portability" to worry about. Basically, the EAD is a temporary green card, until a full legal status is granted (which seems very possible from history). Whereas, AOS applicants can do no such thing; and the AOS can remain pending for 5 or even 12 years!

Where is the fairness in that? If an AOS applicant has been with his GC sponsor on an EAD for years (at least 2 years), why should the provision of "similar" job for portability purposes even need to be enforced. Could not the USCIS modify the procedure where if the job exists at the time of filing of I-484 and continues to do so for a reasonable time (say 2 years), the burden of maintaining a similar job is completely removed?

nbk ...

Indeed it seems unfair especially to those who excelled in schools in their home countries .... spent nights studying when friends were partying ... cracked GMAT / GRE / LSAT / MCAT etc... toiled in your career like a slave and so on and so forth. There is no denying it.

If there is any consolation - these people risked their life to cross the border and live in fear every single day. Are exploited by gangs as opposed to a mean boss. And their legal protection is nothing but this executive order which isn't even a protection but a directive to government agencies to not deport them. Any new president can change this in an instant (technically).

I can't speak for others - but I can say that - given a choice I will still enter the EB queue and have a mean boss - get exploited and everything rather than get EAD via undocumented route because with the former my pay is still 1.5-10 times more than average american family, I have legal protections, I have a decent career path, my family doesn't have to worry that I will be deported, or worse my kids won't be in state custody because I got deported.

So while there is an element of injustice - I believe - legal immigrants will do just fine over time despite of all the delays. Undocumented life is full of misery, risk, and uncertainty.

[skpanda]

I agree with you Q.. there is no doubt that these undocumented people need a break....but the point is President promised that these people will get at the back of the line... that is not happening. Legal Immigrants have to wait for 4+ million illegal immigrants to be given EAD/AP. That is the problem. If President had to keep his promise, he should have clearly defined what he is doing for legal immigrants (Say, state that legal immigrations who have approved I140 can immidiately or a timeline like 3 months apply for EAD/AP. Undocumented immigrants can apply for EAD/AP in 6 months).

anyways.. i do not care much about EAD/AP at this point. I have waited for 5 years in line (total 9 years in US)... by the time Executive Order helps me (may be in 1 year), i would be current neways.... or worst case 6 months extra wait (if there is no EO)...

I hope that many other legal people get benefit from this EO...

nbk ...

Indeed it seems unfair especially to those who excelled in schools in their home countries .... spent nights studying when friends were partying ... cracked GMAT / GRE / LSAT / MCAT etc... toiled in your career like a slave and so on and so forth. There is no denying it.

If there is any consolation - these people risked their life to cross the border and live in fear every single day. Are exploited by gangs as opposed to a mean boss. And their legal protection is nothing but this executive order which isn't even a protection but a directive to government agencies to not deport them. Any new president can change this in an instant (technically).

I can't speak for others - but I can say that - given a choice I will still enter the EB queue and have a mean boss - get exploited and everything rather than get EAD via undocumented route because with the former my pay is still 1.5-10 times more than average american family, I have legal protections, I have a decent career path, my family doesn't have to worry that I will be deported, or worse my kids won't be in state custody because I got deported.

So while there is an element of injustice - I believe - legal immigrants will do just fine over time despite of all the delays. Undocumented life is full of misery, risk, and uncertainty.

[idiotic]

It may seem good that USCIS will issue a memo clarifying what "same or similar" job means to help people in AOS to port jobs under the AC-21 Act, but here is the weird part, if you can call it weird. Many of the undocumented people are getting EADs soon, and although they may be in temporary status, they can do whatever they want with the EAD: get a degree, start a business, and work in any employment, and have no "portability" to worry about. Basically, the EAD is a temporary green card, until a full legal status is granted (which seems very possible from history). Whereas, AOS applicants can do no such thing; and the AOS can remain pending for 5 or even 12 years!

Where is the fairness in that? If an AOS applicant has been with his GC sponsor on an EAD for years (at least 2 years), why should the provision of "similar" job for portability purposes even need to be enforced. Could not the USCIS modify the procedure where if the job exists at the time of filing of I-484 and continues to do so for a reasonable time (say 2 years), the burden of maintaining a similar job is completely removed?

DACA is stemmed on "prosecutorial discretion"

http://www.fas.org/sgp/crs/misc/R42924.pdf

It does not help legals since they cannot prosecute us for following the law.

However, I do want the administration to show some swiftness in making the new rules allowing 485 for legal immigrants too before the republicans shoots everyone down.

[kkruna]

Would it be bad for legal immigrants if Republicans succeed in their strategy of "defunding" EO? Afterall, whatever relief they would be getting would be on account of formal rulemaking process rather than EO.

[mohan_jgd]

http://www.dhs.gov/news/2014/12/02/w...eland-security

Jeh Johnson's testimony to House Homeland Security Committee

Supporting U.S. business and high-skilled workers. Finally, DHS will take a number of administrative actions to better enable U.S. businesses to hire and retain qualified, highly skilled foreign-born workers. For example, because our immigration system suffers from extremely long waits for green cards, we will amend current regulations and make other administrative changes to provide needed flexibility to workers with approved employment-based green card petitions.

[Jonty Rhodes]

nbk ...

Indeed it seems unfair especially to those who excelled in schools in their home countries .... spent nights studying when friends were partying ... cracked GMAT / GRE / LSAT / MCAT etc... toiled in your career like a slave and so on and so forth. There is no denying it.

If there is any consolation - these people risked their life to cross the border and live in fear every single day. Are exploited by gangs as opposed to a mean boss. And their legal protection is nothing but this executive order which isn't even a protection but a directive to government agencies to not deport them. Any new president can change this in an instant (technically).

I can't speak for others - but I can say that - given a choice I will still enter the EB queue and have a mean boss - get exploited and everything rather than get EAD via undocumented route because with the former my pay is still 1.5-10 times more than average american family, I have legal protections, I have a decent career path, my family doesn't have to worry that I will be deported, or worse my kids won't be in state custody because I got deported.

So while there is an element of injustice - I believe - legal immigrants will do just fine over time despite of all the delays. Undocumented life is full of misery, risk, and uncertainty.

Q, I totally agree with you. I have no problem if undocumented immigrants get EADs, especially those who were brought by their parents when they were too small and did not have any control over their fate. I actually sympathize with their cause. As you said, I would rather be a legal immigrant waiting in EB queue rather than be an illegal immigrant getting EAD this way. I don't deny that fact.

But my frustration stems from the fact that while President has announced relief for the undocumented immigrants with a specific timeline, there has been no effort to provide relief to legals within a specific timeline. Legal immigrants have their own set of problems, the most important ones being the job mobility and career growth. People who are from backlogged countries are hurting as well and one would expect that if undocumented immigrants are being granted EADs within few months, then legal immigrants should be awarded that relief also. Ideally, legal immigrants should be given EADs ahead of the illegal immigrants but if that's not possible than at least they should be given EADs along with illegal immigrants by allowing them to apply within the same timeline also.

The disappointing part is that a person who has followed the law will be deprived of the relief for a considerable/unknown period of time while a person who broke the law (intentionally/unintentionally) will be provided with much needed relief in 4-5 months. That's the complaint I have.