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President's Options For Administrative Action

Discussion in 'Immigration legislation' started by avatar, Jun 30, 2014.

  1. ColumbusDude

    ColumbusDude Active Member

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    Right, the question is when?
     
  2. sigler

    sigler Junior Member

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    Does recapture include FB visas?
     
  3. DonDraper

    DonDraper Guru

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    Chill out. No recapture in happening in EB or FB.
     
    NN5 likes this.
  4. ColumbusDude

    ColumbusDude Active Member

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    That is what we all thought. We all thought HR3012 was a shoo in..but in the end it got canned. So expect the unexpected. I have been on these forums a long time and have the gut feel that EB re-capture is a very real possibility.
     
    NIW_limbo likes this.
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If it does include FB, don't expect many visas. That side has had very few wasted visas over the years.
     
  6. Kamakazee

    Kamakazee Super Moderator

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    Since this is the thread to discuss President's options, I am posting this here. I presume this is the current scenario:

    USCIS is working on Pre-Registration. That is something that they have to do irrespective of what comes out from DOS. It will go through rulemaking and will take time. Currently, USCIS is drafting the proposed rule.

    All agencies have submitted their recommendations to the WH to streamline legal immigration. We hope that DOS may have submitted recommendations for statute reinterpretation and/or recapture.

    Now WH needs to decide which ones they want to implement. As far as reducing the backlog, these are the only two options which have been discussed right? So depending on the recommendations and advice from DOJ, President may choose either or both or none.

    And what about Visa Revalidation? That's something that certainly can be done. How sure are we that this will be implemented?
     
  7. s_gan

    s_gan Super Moderator

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    From the memorandum it is quite clear that the administration wanted USCIS to explore recapture option.
    From the USCIS session that was held two weeks ago, it is evident that the USCIS has recommended statute re-interpretation

    Now the question is is not whether what is feasible or what they think is feasible. The question is do they really want to help us.
     
    bhuvr likes this.
  8. speedracer

    speedracer Guru

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    the US Center for Incompetence and Sloppy is not going to help without being dragged by WH to do something .. as someone suggested earlier.. its WH who has the strings.. we just have to wait for agencies to comply..
     
  9. Kamakazee

    Kamakazee Super Moderator

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    Thankfully, recapture and statute reinterpretation are both not in the hands of USCIS. But WH still needs to pull the trigger on which one or both they want to implement. DOS have already submitted recommendations within the 120 days. So, the ball is very much in the WH's court.
     
  10. DonDraper

    DonDraper Guru

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    Nothing is happening for now.
     
  11. Kamakazee

    Kamakazee Super Moderator

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    And your source is....? Or you are just the mayor of Pessimistville?
     
    cuckoo, speedracer, nikhs84 and 3 others like this.
  12. DonDraper

    DonDraper Guru

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    Lets keep things Civil !
     
  13. speedracer

    speedracer Guru

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    that was civil.. people get emotional when it comes to GC and other immigration issues.. lol.. only time will tell when it will be done.. (not if it would be done)
     
  14. DonDraper

    DonDraper Guru

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    That sounds like a teenage girl !
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    OK, let's all calm down. There's nothing to see here. Those aren't the droids you're looking for.
     
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  16. ColumbusDude

    ColumbusDude Active Member

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    Let us keep waiting and waiting..
     
  17. ColumbusDude

    ColumbusDude Active Member

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    Check this out:

    Dear Stakeholder,

    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.gov in response to the specific questions that USCIS asked at the engagement:

    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?

    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?

    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?

    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?

    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)?

    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?

    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?

    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?
     
  18. s_gan

    s_gan Super Moderator

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    Just curious. Is this the only thread that you keep checking ?
     
  19. Kamakazee

    Kamakazee Super Moderator

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  20. ColumbusDude

    ColumbusDude Active Member

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    Actually, till now I really was not foraging the entire forum :)
     

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