Last nightPresident Obama announced the Immigration Accountability Executive Actions(IAEA), which is a series of wide-ranging changes to immigration policy. Most of the major changes are centered on theundocumented community. However, somechanges will impact the business community. At this point, only summary policies have been released by the administration. Over the next few days and weeks, moredetails will emerge. None of the changesare expected to take effect until after the New Year
MU Law will beholding a client teleconference on Tuesday December 2, 2014 at 2PM ET / 11AM PTfor all clients and friends of the firm. If you or anyone in your organization would like to dial-in to theteleconference, please contact Annalisa Smith (Annalisa@muimmigration.com) toregister.
Here are the keycomponents of the IAEA, with a focus on the policies that will impact clientsand friends of MU Law:
1. Allowing earlierfiling of the I-485, Adjustment of Status: Green card applicants will no longerhave to wait until their priority date is current in order to file their I-485,Adjustment of Status. This is especially helpful for India and China EB-2 applicantsand all EB-3 applicants in the US.
a. By allowing greencard applicants to file their I-485, Adjustment of Status much earlier in thegreen card process than under the current process, applicant’s spouses will beable to obtain work authorization (EAD cards) many years earlier than under thecurrent policy.
b. Once an I-485 ispending for 180 days, applicants are able to leave their green cardemployer-sponsor provided that they have found a “same or similar” position. The President has also announced that theUSCIS will be providing guidance on the definition of “same or similar”. The forthcoming guidance is expected to bemore liberal than the current interpretation.
2. H-4 WorkAuthorization. This long-proposedrule will allow spouses of H-1B workers to obtain work authorization. Earlier this summer, the USCIS floated aproposal that limited the EAD to H-4 spouses whose H-1B workers have been inthe green card process for at least one year. A final regulation is expected in December or January.
3. PERM. The Department of Labor is expected to “modernize”the PERM process, including a potential “harmless error” provision.
4. Entrepreneurs. The administration will be “clarifying” rulesregarding using the national interest waiver and parole processes for entrepreneurs. It is expected that these rules will be liberalizedto encourage investment and entrepreneurs.
5. L-1B Guidance. The L-1B visa system is riddled with inconsistentdecision-making. The USCIS will be offeringguidance to help on this issue.
6. OPT. Optional Practical Training will be expanded.
7. Deferred Actionexpansion. This provision is the focusof much of the media attention. Some undocumentedand illegal people in the US will be able to gain temporary three year work authorizationand no longer be under the threat of deportation/removal.
a. Deferred Action forParents (DAP): Parents of U.S. citizens and lawful permanent residents (of anyage) who have been continuously present since January 1, 2010, and who passbackground checks and pay back taxes; and
b. DACA Expansion: Theage cap on DACA will be removed and the date when continuous presence must havestarted will be changed from June 15, 2007 to January 1, 2010.