1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Speculation On 140 Ead & Ap

Discussion in 'General discussion about executive action' started by Ron Gotcher, May 29, 2015.

Thread Status:
Not open for further replies.
  1. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    This is a new thread for speculation about the new I-140 EAD/AP rule that's in the works.
     
  2. ProfessorChaos

    ProfessorChaos New Member

    Messages:
    50
    Likes Received:
    3
    Trophy Points:
    8
    Ron, can you list out what you know/have heard about the rule so that we can all start on the same page.
     
  3. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    This is the proposed rule that is in the works:

    Title: â—ŹEmployment-Based Immigration Modernization

    Abstract:
    The Department of Homeland Security (DHS) is proposing to modernize the immigrant visa system by amending its regulations governing the adjustment of status process and employment-based immigration. Through this rule, DHS proposes to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries to obtain work authorization, clarify the meaning of portable work authorization, and remove unnecessary restrictions on the ability to change jobs or progress in careers, as well as provide relief to workers facing lengthy adjustment delays.

    http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201504&RIN=1615-AC05


    The disappointing part is that this is now called EB Immigration "Modernization". Makes us feel there will be no "Visa Modernization" which could lead to actual backlog reduction.
     
    msr likes this.
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    The lawyer in me is compelled to parse this language carefully.

    "The Department of Homeland Security (DHS) is proposing to modernize the immigrant visa system by amending its regulations governing the adjustment of status process and employment-based immigration." That is a general statement.

    It is followed by a more specific statement, which I interpret to be a partial implementation of the general statement: "Through this rule, DHS proposes to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries to obtain work authorization, clarify the meaning of portable work authorization, and remove unnecessary restrictions on the ability to change jobs or progress in careers, as well as provide relief to workers facing lengthy adjustment delays." [Emphasis added]
     
    msr likes this.
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Let's also look at what the specific statement provides:

    "DHS proposes to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries:
    1. to obtain work authorization,
    2. clarify the meaning of portable work authorization, and
    3. remove unnecessary restrictions on the ability to change jobs or progress in careers,
    4. as well as provide relief to workers facing lengthy adjustment delays."
    To me, the most intriguing language is "provide relief to workers facing lengthy adjustment delays." Since they have already specified work authorization and portability, what does this last "relief" involve?
     
    mar212011 likes this.
  6. kkrun

    kkrun Member

    Messages:
    615
    Likes Received:
    377
    Trophy Points:
    63
    A one-off action, such as re-capture, would not be covered under rule-making...
     
  7. ProfessorChaos

    ProfessorChaos New Member

    Messages:
    50
    Likes Received:
    3
    Trophy Points:
    8
    Any thought on what else they might include under 'relief'?
    What would you do for us if you were running the show, Ron?
     
  8. mar212011

    mar212011 Well Regarded Member

    Messages:
    1,050
    Likes Received:
    109
    Trophy Points:
    63
    nice breakdown.
     
  9. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    Nice breakdown Ron. But what comes under Point 4? What can they possibly do by rulemaking that can "provide relief to workers facing lengthy adjustment delays" other than Points 1-3 which we know can be done by rulemaking. Moreover, provide relief may not mean backlog reduction, which would probably be the "ultimate relief".

    The question is what can be covered in #4 which is not covered in #1 to #3?
     
  10. Vinay4EAD

    Vinay4EAD Member

    Messages:
    33
    Likes Received:
    17
    Trophy Points:
    8
    We will see more details about this rule further deep after proposed rule is published for comments.
    I hope what ever ron broke down earlier, we can see more details about what's brewed into this Rule by september.
     
  11. msr

    msr Member

    Messages:
    297
    Likes Received:
    13
    Trophy Points:
    18
    Also Ron, moving forward if you feel that any of the messages in this thread are irrelevant to the topic, I believe it's better to move them to a different thread or delete it completely. This will ensure that the discussion related to the topic will have relevant conversations. Just a thought.
     
  12. cynosure21

    cynosure21 Junior Member

    Messages:
    26
    Likes Received:
    9
    Trophy Points:
    3
    #4 could be providing AP along with EAD?
     
  13. ARam

    ARam Guru

    Messages:
    882
    Likes Received:
    929
    Trophy Points:
    93
    Relief could be implied as a. Giving you EAD+Advanced Parole+Ability to file for I-485 when dates are not current and for further relief b) if you choose to, your H1b visa can be revalidated within the US :)
     
  14. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    a) that is already implied in Points #1 to #3. It does not need #4 to reiterate that.

    b) can be done by DOS without rulemaking. It does not need to be mentioned in the rule which is done by USCIS.
     
  15. SGeorge

    SGeorge Guru

    Messages:
    877
    Likes Received:
    978
    Trophy Points:
    93
    My speculation:
    Rule making is for anyone with an approved I140.
    4) is for people who already applied AC21 (extending H1 beyond 6 years) with an approved I140.By reclassification of AC 21 laws they can do an early AOS if they have an approved I140(or may be their PD) pending 2+ (or 3 +) years
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    It could be something as simple as advance parole. If it were, however, I think they would have spelled that out. That's why I described it as intriguing.
     
  17. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    I had always thought that EAD also implied AP. Having EAD with no AP is similar to be granted asylum in this country. You get to stay and work but if you leave, you cannot re-enter. EAD is useless without AP. But I agree that there is a possibility that it is spelled out like that in 4.
     
    s_gan likes this.
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    I agree that AP is implicit in the grant of an EAD.
     
  19. ARam

    ARam Guru

    Messages:
    882
    Likes Received:
    929
    Trophy Points:
    93
    How does AP provide relief from backlogs? Granted you are allowed to travel and work...but the backlogs still remain without new visas added to the mix.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    It doesn't.

    Looking again at the precise language: "as well as provide relief to workers facing lengthy adjustment delays" [emphasis added]. I don't see advance parole as "relief." What other kinds of "relief" could there be?
     
Thread Status:
Not open for further replies.

Share This Page