Discussion in 'General discussion about executive action' started by Ron Gotcher, Mar 19, 2015.
What does this rule really mean to a layman(H1-B worker)
With the 90 day schedule, I am guessing that USCIS/WH will announce something around June 20-30, 2015 (90 days after March 20 deadline), and will go into effect after another 90 days i.e. October 2015, beginning of the next fiscal year.
It means that they are going to finally publish regulations for laws that were signed by Bill Clinton.
Where did they mention anything about 90 days after the March 20 deadline?
It is just my guess, considering USCIS puts 90 days in between every thing.
Only the rulemaking for "Pre-Registration" is in the hands of USCIS. For the Visa Modernization study, after the March 20th deadline, it is not in the hands of USCIS anymore. They have already submitted their recommendations to the WH along with the other agencies. Now, the WH has to take a decision. We are all waiting on that.
Looks like USCIS has sent emails to stake holders and asking for inputs on the following. Will some senior member throw some light on what would be the proper input that benefits legal folks in waiting for EADs....
On March 19, 2015, U.S. Citizenship and Immigration Services (USCIS) hosted a listening session on business-focused immigration enhancements. Such enhancements are part of the November 2014 executive actions to modernize, improve, and clarify employment-based immigrant and nonimmigrant visa programs to grow our economy and create jobs.
We continue to encourage stakeholders to submit comments to Public.Engagement@uscis.dhs.govin response to the specific questions that USCIS asked at the engagement:
1. What are the most important policy and operational changes that would streamline and improve the process of employment-based beneficiaries' applying for adjustment of status to that of a lawful permanent resident while in the United States?
a. What are some ideas for modernizing and improving the immigrant visa process for employment-based beneficiaries?
2. USCIS is currently working with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability. What are some ideas for modifying the Visa Bulletin system for employment-based immigration?
3. If possible to extend employment authorization (EAD) eligibility to beneficiaries of approved Form I-140 petitions who are unable to file for adjustment of status due to visa unavailability, what should be the timeframe after approving an I-140 petition for conferring an EAD?
4. Should a beneficiary's priority date and porting eligibility be preserved when the petitioner withdraws an otherwise approved or approvable I-140 petition and/or terminates its business? How should the portability provisions be crafted to allow for this?
5. What are some ideas for improving how USCIS evaluates "same or similar" in an AC21 analysis of two jobs?
a. Should USCIS implement an application process, which would include a form and fee, to request AC21 portability (e.g. pre-adjudicate whether a new position is the same or similar as the I-140 position)?
6. What are the concerns, if any, of Form I-140 petitioning employers with regard to increasing the flexibility of USCIS' analysis of INA 204(j) portability?
7. What are the concerns, if any, of Form I-140 petitioning employers with regard to increasing the flexibility of the Form I-140-related work authorization eligibility for beneficiaries of approved Form I-140 petitions?
8. What are the concerns, if any, with satisfying the eligibility criteria for EB-2 national interest waivers?
a. What are some ideas for standards for granting a national interest waiver, including waivers for foreign inventors, researchers and founders of start-up enterprises to benefit the U.S. economy?
I started another thread dealing with responses to the USCIS questions: http://www.immigration-information.com/forums/threads/please-comment-on-the-uscis-questions.17905/
Hi Ron - Do you have any idea what on earth is behind the repetitive requests for feedback and comments? What on earth is going on? I thought these guys had already submitted their proposals to the WH?. Just curious if you had any idea when they plan on actually announcing anything.
The USCIS has always been a bit slow at everything they do.
Hope they are doin more than just 'listening'..
I'm sure they are also sitting on their butts, drawing their paychecks for doing nothing.
Ron, Glad you are feeling fine now.
This wait is frustrating me. Is there any hope of some EB relief happening this year?
EB relief by congress is difficult if not impossible. There is a slim chance by Visa modernization but that is unlikely. But Ron is highly optimistic about it. But if you get EAD for I140 then that is almost green card and that is almost sure to happen but we do not know the timeframe
DHS published vision 2020 with points about boarder security. I feel its a good sign.
Can we expect immediate impact on EA and other immigration initiatives?
http://www.cbp.gov/sites/default/files/documents/CBP Vision & Strategy 2020 final_highres 032515.pdf
I found an old proposed rule regarding the pre-registration for filing Adjustment of Staus....So I believe that they already knew how to do this even before.. its just there has been no action..........I hope that this time around there is action around the pre-filing and EAD for people with approved I140..
DHS/USCIS RIN: 1615-AB82 Publication ID: Spring 2009
Title: ●Preference Alien Registration of intention to apply for adjustment of status; Pre-filing of certain applications
Abstract: This proposed rule would amend the Department of Homeland Security (DHS) regulations governing how the U.S. Citizenship and Immigration Services (USCIS) would accept and process an Application to Register Permanent Residence or Adjust Status, Form I-485. This proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants. Instead, it would require that an alien worker be the beneficiary of an approved immigrant petition prior to filing an adjustment of status application. Further, this proposed rule would remove an alien’s reliance on the Department of State’s (DOS) Visa Bulletin to determine visa availability and therefore eligibility to file for adjustment of status. Instead, the rule proposes that USCIS utilize a registration process for intending adjustment of status applicants by requiring an applicant to file a registration packet after the granting of an immigrant petition and prior to visa availability, based on the use of “qualifying dates” established by DOS. This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin. This process will result in a steady workflow, will mitigate visa retrogression, and make applications generally decision- ready shortly after time of visa availability. This proposed rule will also allow USCIS to correct a discrepant regulatory reference that defined an employment-based priority date based on a Department of Labor-issued labor certification incorrectly.
Agency: Department of Homeland Security(DHS) Priority: Other Significant
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined Unfunded Mandates: No
CFR Citation: 8 CFR 103; 8 CFR 209; 8 CFR 245; 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1255(a)
Legal Deadline: None
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