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Discussion in 'General discussion about executive action' started by Ron Gotcher, Apr 20, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The following snippets are taken from the 4/16/2015 AILA/USCIS HQ liaison meeting:

    4. Please also provide an update on USCIS’s efforts with respect to each of the following November 20, 2014 directives, including whether and when we can expect to see draft, interim, or final rules (where required), guidance, or other actions including any opportunities for stakeholder engagement:


    a. Coordination between USCIS and the Department of State to "improve the system for determining when immigrant visas are available to applicants during the fiscal year." OP & S

    USCIS Response: DHS and the Department of State have been in discussions on ways to improve the immigrant visa system. ​

    b. Additional agency guidance to bring clarity to employees and their employers with respect to the types of job changes that constitute a "same or similar" job for purposes of permanent portability under AC21.

    USCIS Response: See item 4(e) response below.​

    . . .
    d. Guidance or regulations to clarify the standard by which a national interest waiver can be granted with the goal of promoting its greater use to benefit the U.S. economy.

    USCIS Response: See item 4(e) response below. ​

    e. Notice and comment to establish a program to permit DHS to grant parole to inventors, researchers, and founders of start-up enterprises 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.

    USCIS Response: USCIS is currently working on the other initiatives listed above. Each of these initiatives is currently under development and subject to agency, department, and executive branch review and clearance. As such, we cannot provide a timeline for issuance at this time.​
     
  2. GeorgeCostanza

    GeorgeCostanza Guru

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    Wow, for once USCIS has been very forthcoming and informative :)
     
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  3. Rick D

    Rick D Active Member

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    Ron,
    Thanks for providing this info. Any word/hint/indication from DoS that you know/heard about from the conference, wrt backlog reduction schemes?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No.
     
  5. Nandakumar

    Nandakumar Senior Member

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    Ron, this information doesn't look pleasing for EB2 or EB3 candidates... Or am I missing some details here... I can understand they are working on something...

    Any details Ron?
     
  6. s_gan

    s_gan Super Moderator

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    On Nov 21st I stated that the entire legal immigration reforms through EO was a bogus. However I changed my opinion after seeing the questionnaire put up by USCIS which included recapture and re-interpretation.

    Today, I can say something for sure. They will not do anything that will reduce backlogs and EAD for I140 will only make things worse and is of no use to people who have been waiting in the line for a long time.

    Things might have been better if the 25 states did not file a lawsuit but that is no excuse. I came to US to escape discrimination in my country but little did I realize that I will be discriminated more here.
     
    Last edited: Apr 20, 2015
  7. Rick D

    Rick D Active Member

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    I agree with you, I think I-140 EAD without backlog reduction is a patchy band-aid that will likely have some unfortunate consequences down the line. I wonder if it actually took away the pressure to implement backlog reduction via EO. I wish I could strongly disagree on there being no backlog reduction in the future, but I have just been seeing things go downhill on that front since March end.
     
  8. s_gan

    s_gan Super Moderator

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    If recapture and re-interpretation are not possible under the law, it would have been communicated. On the contrary the people at USCIS acknowledged that re-interpretation is possible.
     
  9. Rick D

    Rick D Active Member

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    I think they are well covered legally at least with reinterpretation. They have an impressive legal backing from some top notch immigration lawyers like Ron, Cyrus Mehta, Gary Endelman and many others, not to mention AILA, ABIL, etc. They have got decent arguments for it. I am pretty sure that in the past the administrations have implemented more controversial proposals with less legal backing. I think it is just a matter of political will (or the lack of it thereof), again. Our assumptions had been that they wanted to clear the backlog as long as they had the legal grounds for it. I am starting to doubt that now.
     
  10. Kamakazee

    Kamakazee Super Moderator

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    Pre-registration though required does nothing to reduce the actual backlog. People will continue to remain on EAD/AP for decades and does nothing for the EB3I guy who is already on EAD/AP from 2007. Unfortunately, most people working for consultants always complain about their employers and are so ready to jump ship that EAD/AP is all they look forward to. Good luck with that if USCIS introduces that "Pre-Approval" form.

    With regard to DOS, USCIS said that they are still in talks, so no idea if recapture or reinterpretation will be implemented or is even considered. Yesterday, Ron did say that he still feels reinterpretation will happen but probably towards the end of the year. He still felt pretty confident. The only thing that bugs me is that if they really intend to do reinterpretation, then why wait? It does not even need rulemaking. Is it simply a matter of waiting for the green signal from the WH?

    I will probably wait till Fall. If nothing happens by then, I will be convinced that Pre-Registration is all we will get.
     
    Last edited: Apr 21, 2015
  11. s_gan

    s_gan Super Moderator

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    They may not want to change practices/policies middle of a FY as there is no urgency or necessity to do so.

    However I don't believe that those two options are being considered anymore. The fact that there has been no communication indicates that they don't want to use those two options to help legal aliens.

    DAPA was finalized in June last year and even after a year there are no concrete proposals to address backlogs that were created by bureaucratic errors.
     
  12. Kamakazee

    Kamakazee Super Moderator

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    When you say bureaucratic errors, I presume you are saying Recapture. Like Ron said, the government does mistakes all the time, that does not mean all mistakes are always corrected. The visas are simply lost and it is unfortunate that the applicants are being penalized for USCIS's laziness. Even if there is legal basis to do either or both, maybe they simply do not have the heart to reduce the backlog. They will simply throw the Pre-Registration bone and people working for consultants will be more than happy with it. Immigration is one issue that the Dems can really use to stick it to the Republicans and play the card forever.

    Like Ron said, if there was no illegal immigration, legal immigration reforms would have been done years ago.
     
  13. speedracer

    speedracer Guru

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    backlog is a central issue but if the EAD or some other "Pre-*" or as Kkz says.. bone.. is giving help .. it still helps a lot of people ... freedom from h1b renewals and stamping, freedom to switch jobs, freedom to buy homes and settle in one place without the worries of next project or job.. at this point.. anything wil help.. lets hope for the best and go ahead positively..
     
  14. DonDraper

    DonDraper Guru

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    The potential for Visa recapture is an absolute ZERO. The potential for EAD with I-140 is more realistic.
     
  15. montyp80

    montyp80 Junior Member

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    The only reason for delay (IMHO) in re-capture/reinterpretation is may be because USCIS want to better position themselves before they open the (AOS-application) floodgate.

    If IV posts were to believe then something is cooking on the hill for sure. Another month or so will get us some more clarity on what's happening behind the scene...
     
  16. Rick D

    Rick D Active Member

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    Well, to be fair, if they wanted to do it, say in October, I would expect them to stay quiet, especially with reinterpretation, since it is a controversial proposal PR wise. If they explicitly said, "hey we are thinking about reinterpreting the statute", tomorrow it might be a story on Huffington Post and 2 days from now many conservative news outlets would pick it up with the headline, "Executive overreach more than doubles immigration." A backlash before the change happens, wouldn't help.
     
    Last edited: Apr 21, 2015
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  17. Kamakazee

    Kamakazee Super Moderator

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    I agree. The problem is that there has been no indication that these provisions have been dismissed or are in the works to be implemented at some later time. Like I said, I will wait till Fall.
     
  18. Rick D

    Rick D Active Member

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    No news might be a good news here. If they thought it wasn't legally possible, I was expecting to hear that in the AILA conference on Friday(but not the other way)

    The big concern is the lack of urgency. There is a reason why things have been the way they are for the last decade or more. My biggest hope was that the WH was driving this with tight deadlines. Now we are again sliding back the same old ways of the agencies procrastinating, always having one reason or another to push off changes for a couple of months.

    I do agree, Oct 1 is the absolute deadline for reinterpretation/recapture to happen. But if it were likely it would have happened by now or by the next month.
     
  19. Kamakazee

    Kamakazee Super Moderator

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    "Coordination between USCIS and the Department of State to "improve the system for determining when immigrant visas are available to applicants during the fiscal year." OP & S

    USCIS Response: DHS and the Department of State have been in discussions on ways to improve the immigrant visa system."

    -Does this mean discussing recapture and statute reinterpretation to reduce the backlog or simply providing better info on pending inventory to better predict PDs in the VB?
     
  20. speedracer

    speedracer Guru

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    I think "discussing" means they know the issue but they will deal with it "later"
     

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