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

[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/...ration-policy/


http://www.politico.com/story/2014/1...2.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/...ration-policy/

They are now saying announcement is coming tomorrow.

[psychedelicNerd]

http://thehill.com/homenews/administ...-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/2014-1...49407418bf75d6

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/immi...ursday-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...=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/f...0Recapture.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/rep...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/immi...ursday-n251796

There's an official White House blog entry from Josh Earnest confirming it.

[abcx13]

More data that just points to some form of OPT extension:
http://www.bloomberg.com/news/2014-1...49407418bf75d6

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...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/2014-1...49407418bf75d6

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...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/2014/1...0T41TW20141114

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.