EXECUTIVE ACTION EXPANDS THE USE OF THE EAD
January 8, 2015
MU's Maria Schneider authored the Greater Cincinnati Human Resources Association's January Guest Blog opinion. Maria's piece discusses President Obama's recent Executive Action on Immigration and the expansion of the use of the Employment Authorization Document.
President Obama recently announced the Immigration Accountability Executive Actions (IAEA), a series of changes to immigration policy. At this time, only summary policies have been released; over the next few months, more details will emerge. The earliest of these changes will take effect in the first quarter of 2015.
The following four parts of the IAEA allow individuals to obtain work authorization in the form of an Employment Authorization Document (EAD)(read more on the GCHRA website).
President Obama recently announced the Immigration Accountability Executive Actions (IAEA), a series of changes to immigration policy. At this time, only summary policies have been released; over the next few months, more details will emerge. The earliest of these changes will take effect in the first quarter of 2015.
The following four parts of the IAEA allow individuals to obtain work authorization in the form of an Employment Authorization Document (EAD)(read more on the GCHRA website).
H-1 CAP INCREASE IN 2015?
January 7, 2015
With the New Year comes a newCongress and the potential for new legislation. Both houses of Congress are firmly in Republican hands, and so all legislationproposed and passed by this Congress will be Republican in nature.
Over the New Year holiday several publicationsindicated that an increased H-1B cap may be first up on the Republicanimmigration agenda. Computerworld suggeststhat the newCongress may move swiftly on increasing the H-1B cap. Reporter Patrick Thibodeau saysthat the Congress may move on the I Squared Act. The I Squared Act, which was authored by Sen.Orrin Hatch (R-UT) had bipartisan support when it wasfirst introduced in 2013.
The I Squared Act (ImmigrationInnovation Act) calls for the H-1B cap to increase to 115,000 per year, fromits current 85,000. Additionally, the H-1B cap would contain a “market-basedescalator” that would increase or decrease the H-1B cap as employer-demandebbed and flowed, although it could never fall below the 115,000threshold. It could conceivably rise ashigh as 300,000 over several years.
Yesterday the WashingtonPost reported that Sen. Hatch reiterated that
“The new Congress has anopportunity to enhance America’s competitive workforce through immigrationreform that will streamline the hiring process for high-skilled individualsentering the United States and by investing in STEM education and training.”
Presumably Sen. Hatch’s “opportunity”includes reviving last year’s I Squared Act.
President Obama has already laiddown his marker with abold Executive Order, which includes giving work permits to about 5 millionundocumented aliens. In using hisExecutive Order, President Obama has shown that he understands the power of thegovernment to effect change. His poweris however eclipsed by Congress’. It isCongress’ turn to act on that power.
VISA BULLETIN PROJECTIONS FOR 2015
December 17, 2014
AILA holds a regularmeeting with the Department of State’s Charlie Oppenheim, who is the DOS’chief for producing the Visa Bulletin. MULaw has spoken with Mr. Oppenheim several times in the past and have alwaysfound that his projections are well thought out and very accurate.
India EB-2. Mr. Oppenheim suggests that India EB-2 may slightlyprogress in the first-half of 2015. Historically the Visa Office has waited until the summer to advance theIndia EB-2 date.
China EB-3. China EB-3 is expected to continue to advancesince demand has not yet been exceptional. However, as more and more ChinaEB-2 applicants “downgrade” their Application to EB-2, advancement will slow.
President Obama’s Recent ExecutiveAction. The Visa Office reminds usersthat the President’sExecutive Action is not expected to have any impact on the Visa Bulletin. While the Executive Action suggests thatAdjustment of Status applications will be able to be filed much earlier in thegreen card process, these “pre-filings” will not impact the priority dates.
JANUARY 2015 VISA BULLETIN
December 10, 2014
The Department of State has just released the January 2015 Visa Bulletin. This is the fourth Visa Bulletin of the 2015 US Fiscal Year, which began October 1, 2014.
The Philippines EB-3 yet has again had a substantial progression. It is now at June 2013, which is a progression of six more months. It remains consistent with the All Other (ROW) EB-3 date and the Mexican EB-3 date.
India EB-2 remained stuck at February 2005. The India EB-2 date retrogressed by four years recently and it does not appear that any meaningful progression is imminent. India EB-3 continued to move ahead at a snail's pace. It is December 2003.
The Chinese EB-2 and EB-3 number continued to move inconsistently. China EB-3 remains ahead of China EB-2 which has been the case for much of the last two years.
| Employment- Based | All Chargeability Areas Except Those Listed | CHINA - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01FEB10 | 15FEB05 | C | C |
| 3rd | 01JUN13 | 01MAR11 | 15DEC03 | 01JUN13 | 01JUN13 |
US WORKERS SUE TO ELIMINATE OPT
December 8, 2014
The Washington Alliance of Technology Workers (WashTech),a collective bargaining organization that represents science, technology,engineering, and mathematics (STEM) workers, has sued the U.S. Department ofHomeland Security seeking to eliminate the Optional Practical Training (OPT)program. The OPT program allows foreignnationals on an F-1 student visa to engage in twelve months of employmentduring and following a full-time course load in a U.S. educational institution. Certain STEM applicants can extend their OPTstatus an additional 17 months, pursuant to an April 2008 instituted by PresidentGeorge W. Bush’s administration. The OPT is often seen as a bridge to the H-1B program.
WashTech arguesthat the OPT program causes actual harm to US technology workers because USemployers hire these OPT workers when the employers could be hiring these USworkers. The WashTech plaintiffs have standing to make their case. The court’s finding thatstanding exists means that the case can go forward, although the court’s decisiondoes not speak to the likelihood of success when the substantive case is argued.
HOW AMERICA ENACTS LAWS
November 25, 2014
Funny stuff from Saturday Night Live, which attempts to explain how the President's Executive Order works.
PRESIDENT OBAMA TAKES EXECUTIVE ACTION
November 21, 2014
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.
CGFNS TO OPERATE THE ALLIANCE FOR ETHICAL RECRUITMENT
November 19, 2014
The Alliance for Ethical Recruitmentwas formed in 2009 as a result of a funding grant from the MacArthurFoundation. There always are perceivedrecruitment abuses in the international arena. Some of these perceptions are borne out of veryreal abusive behavior. Some of theseperceptions are borne out of hysteriaand junk statistics.
The Alliance has tried for severalyears to root out the former. It hasstruggled to gain traction. Despite the Alliance’sefforts, only four employers have endorsedthe Alliance Code of Ethical Recruitment, only one of which has joined sincethe pilot phase ended in 2010. The AAIHR(of which MU Law is a member) also has a Code of Ethics, which has been moreaccepted by the industry.
The Alliance is now about to shiftgears. CGFNS, who have long been involvedin international nurse matters, will be operating the Alliance. The Alliance will now be managed by MukulBakhshi, JD.
The official launch of this newphase of the Alliance will take place at a reception in January at a locationin Washington, D.C.
NVC NO LONGER COLLECTING ORIGINAL CIVIL DOCUMENTS
November 13, 2014
The ConsularProcess route to a green card consists of three steps: (1) Filing and approvalof the I-140; (2) National Visa Center; and (3) Consular interview. The middle stage, the NVC stage, consist ofcollection of fees for the processing of the Beneficiary and his or her family(often called “Fee Bills”) and the collection of a variety of civil documentation,such as birth, marriage, and police certificates. In a break from the past, the NVC will nowonly collect photocopies of these civil documents. The original civil documents should bebrought to the Consular Interview in the home country. Applicants at designated electronicprocessing posts will continue to submit their documents via email. This new policy iseffective as of November 12, 2014.
When the Consular Interviewis scheduled, NVC will instruct applicants to bring their original documents tothe interview for evaluation and final case processing. Beneficiaries should note that OriginalAffidavit of Support forms will still be submitted to NVC for initial evaluation. Affidavits of support are typically notused in employment-based immigration cases. Affidavits of support are usually only used in family-based immigration.
By making thischange, NVC hopes that it will maintain the integrity of the immigrant visaprocess, reduce customer wait times, and improve the customer experienceoverall.