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What Do We Think We Know, Based On Tweets From Ailaac15?

Discussion in 'General discussion about executive action' started by Ron Gotcher, Jun 19, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It appears that the I-140 EAD/AP plan is moving forward through the rulemaking process. There is some confusion as to when it will become effective.

    The government’s obsession with those they perceive to be entrepreneurs continues. They are working on regulations to provide them with benefits.

    The USCIS and State Dept may work together to allow AOS filings at an earlier date. The idea would be that the USCIS would use the date the State Dept. is now giving the NVC as the “current” date for AOS filing purposes.

    India EB2 is not going to move during the remainder of this fiscal year (3 and a half months).

    Charlie Oppenheim believes that reinterpretation is not legally possible and that recapture may be possible, but would be difficult.

    The speculation is that nonimmigrant visa revalidation in the U.S. is not going to happen, or at least not soon.

    Bottom line:
    1. No reinterpretation/recapture on the known horizon.
    2. No EB2I or EB3I VB cutoff date movement in the near future
    3. NIV revalidation is not likely to be resumed soon.
    4. The approved I-140 regulation is moving forward.
    5. The USCIS may implement a system that would allow AOS applicants to file earlier than they are allowed to file now, by perhaps six months.
    6. USCIS confirmed their current policy that an employee keeps their priority date when an employer withdraws the I-140.
     
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  2. mar212011

    mar212011 Well Regarded Member

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    Not that i like the situation - just like your updates
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If anyone has anything to add, please do so.
     
  4. djayash

    djayash Guru

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    Ron,

    I understand this, but to make it clearer, we will see some movement in the Oct 2015 VB posted during September 2015 (2.5 months from now), right?
     
  5. mar212011

    mar212011 Well Regarded Member

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    PERM modernization rule in progress- no details on what it means
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I believe so, yes.
     
  7. mar212011

    mar212011 Well Regarded Member

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  8. Nandakumar

    Nandakumar Senior Member

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    Hi Ron,

    Can you clarify on "The approved I-140 regulation is moving forward." Please give details as to what it is.
     
  9. pulpfiction

    pulpfiction Guru

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    Thanks for nothing USCIS !
     
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  10. djayash

    djayash Guru

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    I-140 EAD
     
  11. djayash

    djayash Guru

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    I think you meant US Government?
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    DOL has said that they need to modernize their rules. Some of the things mentioned in the past include:
    • a filing fee for PERMs
    • a premium processing filing fee
    • a list of pre-certified jobs
    • eliminating the newspaper ad requirement
    • accepting "harmless error" as a basis for reversing a denial
     
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  13. djayash

    djayash Guru

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    Wow, Premium processing for PERM would be awesome...That would be more or less similar job mobility. Many fear changing jobs on H1B to restart the whole PERM process again and wait for years...
     
  14. mar212011

    mar212011 Well Regarded Member

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    I like the premium processing part - if nothing ever happens people could still move jobs and port
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No one knows what the proposed regulation will contain, but speculation is that those with approved I-140s (and their dependants) will be allowed to apply for an receive EAD/AP combo cards. One year after I-140 approval, the employee would gain job portability similar to AC21 portability.
     
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  16. Nandakumar

    Nandakumar Senior Member

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    Thanks for details Ron. EAD helps but one of the 2R's might have shed light.. Now we will move from H1 to EAD and be there for years....
     
  17. mar212011

    mar212011 Well Regarded Member

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    This what Greg or someone tweeted today on PERM "PERM modernization official; semi-annual regulatory agenda published on Thurs."
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    View Rule
    View EO 12866 Meetings Download RIN Data in XML
    DOL/ETA RIN: 1205-AB75 Publication ID: Spring 2015
    Title: ●Modernizing the Permanent Labor Certification Program (PERM)
    Abstract:
    The PERM regulations govern the labor certification process for employers seeking to employ foreign workers permanently in the United States. The Department of Labor (Department) has not comprehensively examined and modified the permanent labor certification requirements and process since 2004. Over the last ten years, much has changed in our country’s economy, affecting employers’ demand for workers and the availability of a qualified domestic labor force. Advances in technology and information dissemination have dramatically altered common industry recruitment practices, and the Department has received ongoing feedback that the existing regulatory requirements governing the PERM process frequently do not align with worker or industry needs and practices. Therefore, the Department is engaging in rulemaking that will consider options to modernize the PERM program to be more responsive to changes in the national workforce, to further align the program design with the objectives of the U.S. immigration system and needs of workers and employers, and to enhance the integrity of the labor certification process






    Agency: Department of Labor(DOL) Priority: Other Significant
    RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage
    Major: Yes Unfunded Mandates: No
    CFR Citation: 20 CFR Chapter V, part 656 (To search for a specific CFR, visit the Code of Federal Regulations.)
    Legal Authority: 8 U.S.C. 1152(a)(5)(A) 20 CFR part 656
    Legal Deadline: None
    Timetable:
    Action
    Date FR Cite
    NPRM 12/00/2015
    Regulatory Flexibility Analysis Required: Yes Government Levels Affected: None
    Small Entities Affected: Businesses, Organizations Federalism: No
    Included in the Regulatory Plan: No
    International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
    RIN Data Printed in the FR: Yes
    Agency Contact:
    William W. Thompson II
    Acting Administrator, Office of Foreign Labor Certification
    Department of Labor
    Employment and Training Administration
    200 Constitution Avenue NW., FP Building, Rm C-4312,
    Washington, DC 20210
    Phone:202 693-3010
     
  19. justice

    justice Member

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    Ron, will they also review denials on 140s denials in repect to reversing decisions?
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That's not a DOL function. You have to deal with USCIS on I-140s.
     

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