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Analysis And Discussion Of White House Report

Discussion in 'General discussion about executive action' started by Ron Gotcher, Jul 15, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The critical qualifier here is "publish a regulation clarifying and expanding on the protections afforded employment-based immigrants and nonimmigrants under the American Competitiveness in the Twenty-First Century Act of 2000 (“AC-21”)"

    This means that whatever they are going to do is constrained by the terms of the AC21 legislation.
     
  2. nov2010eb2

    nov2010eb2 Senior Member

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    Hi Ron,

    All Govt agencies are releasing recommendations and memos but no clarity on when will EAD for I140 becomes law, Is there chance that we can see some light by DEC 2015 or next march 2016....
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think we will see a proposed rule within a few months.
     
  4. manixium

    manixium Super Moderator

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    This is the only thing I'm concerned about. I already lowered my expectations to having just this measure of job flexibility, and I'll be content if that goes through. That, and PERM process improvements.

    Backlog reduction, I'd already decided, won't happen without congress. It's a valuable bargaining chip for the CIR wannabes on one side, and for the xenophobes on the other.

    My problem is that this report didn't place a lot of emphasis on this rule making, which leads me to believe this rule is way down on their priority list as of now.
     
  5. cuckoo

    cuckoo Super Moderator

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    They do say "clarifying and expanding" suggesting it could be broader than what was provided by the AC21 legislation. I think they need to expand beyond that legislation to provide for I140 based EAD and portability. If i am not wrong, AC21 statute expressly provides for I485 filing based ead and portability, which is narrower or more limited than I140 approval based benefits.
     
  6. Rick D

    Rick D Active Member

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    "Streamlining Our Legal Immigration System
    Our legal immigration system provides numerous options for individuals to obtain status, temporary or permanent, in the United States, as governed by existing law. Many of these programs are backlogged as a result of statutory caps, which can only be addressed through legislation. However, the following recommendations serve to improve existing programs, making our system more efficient and effective for the applicant as well as our agencies and their teams:"

    Ron, do you read this as the administration officially closing the doors on the Rs via EO?
     
  7. vssandy1986

    vssandy1986 Active Member

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    end result only hope I140ead and that will have same provision as ac21 to switch employers
     
  8. gten20

    gten20 Junior Member

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    Thats the 7% country cap.
     
  9. DonDraper

    DonDraper Guru

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    They keep making rules forever, they never seem to learn that rules need to be implemented for any progress. #potus #uscissucks
     
  10. Rick D

    Rick D Active Member

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    I thought they meant yearly cap on the number of visas issued, i.e. 140K, No?
     
  11. mar212011

    mar212011 Well Regarded Member

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    How do you interpret this, it appears this is something coming later this year FY2016? and not something about how they have moved the dates this year 2015

    "Recommendation 1: Update the monthly Visa Bulletin. Later this year, State, in consultation with DHS, will revise the monthly Visa Bulletin to better estimate immigrant visa availability for prospective applicants, providing needed predictability to nonimmigrant workers seeking permanent residency. "
     
  12. gten20

    gten20 Junior Member

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    Hmm..Increasing the 140K cap would need legislation too, but I think they meant 7% country cap. What's your take Ron?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My take is that they are limiting themselves to the four corners of the AC21 legislation. To give an example of what I mean, I-140 EADs (which we know are happening) would not be something within the AC21 legislation.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes.
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is just housekeeping.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Both will take legislative changes.
     
  17. manixium

    manixium Super Moderator

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    Ron - how are you so confident then, that the rule making would go anywhere? There's no mention of that in this report, really.
     
  18. cuckoo

    cuckoo Super Moderator

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    I am confused. If they are limiting themselves to the four corners of ac21 legislation, and I140 based ead is outside those four corners, how would I140 based ead still be happening?
     
  19. cuckoo

    cuckoo Super Moderator

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    Here is what I believe refers to the pending rule making in the report, as vague as it is:
    [Clarify and expand protections for employment-based immigrants and
    nonimmigrants. DHS intends to publish a regulation clarifying and expanding on the protections
    afforded employment-based immigrants and nonimmigrants under the American
    Competitiveness in the Twenty-First Century Act of 2000 (“AC-21”), which was meant to increase
    job flexibility for individuals who were coming to the United States to perform specialty
    occupation services (H-1B) and those on the pathway to permanent residency. This regulation
    will:
    • Increase the ability of workers waiting for a green card to change jobs or receive
    promotions by clarifying when individuals may change jobs or employers because such
    employment is “same or similar” to the job that was the original basis for permanent
    residency;
    • Further increase job flexibility by enabling individuals whose employment-sponsored
    immigrant visa petitions have been approved for more than one year to retain eligibility
    for LPR status despite the petitioning employer closing its business or seeking to withdraw
    the approved petition;]
    I think clarifying job portability under the first bullet point will lead to I140 ead and perhaps portability. The second bullet point simply preserves I140 for portability.
     
    Last edited: Jul 15, 2015
  20. cuckoo

    cuckoo Super Moderator

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    Note that these two bullet points vaguely resemble the ones in the leaked memo courtesy Greg.
     

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