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

[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/fil...ss_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/fil...ss_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/fil...ss_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/2014/1...ration-action/

[Kanmani]

http://www.dhs.gov/sites/default/fil...ss_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/2014/1...7.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/2014/1...7.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.

[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.foxnews.com/us/interactiv...igration-plan/

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

[suninphx]

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