The President’s announcement regarding Executive Action on
immigration Thursday, November 20, 2014 did not only reach some individuals who
are in the United States without documentation, it also addresses needs in
other areas of immigration that can be evaluated and bettered for our nation’s
businesses.
In the coming months the United States Citizenship &
Immigration Service (USCIS) will be tasked with working with the United States
Department of State to develop a method to allocate immigrant visas to ensure
that all immigrant visas authorized by Congress are issued to eligible
individuals when there is sufficient demand for such visas. This includes all Employment Based
categories. Additionally, USCIS will
work with the Department of State to modify the Visa Bulletin system to more
simply and reliably make determinations of visa availability.
Additionally, USCIS has been tasked with providing clarity
on adjustment portability to remove unnecessary restrictions on natural career
progression and general job mobility to provide relief to workers facing
lengthy adjustment delays. Given that
some individuals are waiting seven years before they are adjustment eligible, the
current system stymies career development and employer’s ability to promote
based on archaic reading of immigration laws and regulations.
Other Steps the Executive Action Seeks to Take:
- Clarify the standard by
which a national interest waiver may be granted to foreign inventors,
researchers and founders of start-up enterprises to benefit the U.S
economy.
- Authorize parole, on a
case-by-case basis, to eligible inventors, researchers and founders of
start-up enterprises who may not yet qualify for a national interest
waiver, but who have been awarded substantial U.S. investor financing; or
otherwise hold the promise of innovation and job creation through the
development of new technologies or the pursuit of cutting-edge research.
- 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.
- Work with Immigration and
Customs Enforcement (ICE) to develop regulations for notice and comment to
expand and extend the use of optional practical training (OPT) for foreign
students, consistent with existing law.
- Provide clear,
consolidated guidance on the meaning of “specialized knowledge” to bring
greater clarity and integrity to the L-1B program, improve consistency in
adjudications, and enhance companies’ confidence in the program.
Please contact Joseph Law Firm, P.C. if you have any
questions about the above information, we look forward to working with you.
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