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     Dobbey Mudiripoyina Bewarse Username: Dobbey Post Number: 21076 Registered: 12-2009 Posted From: 98.214.79.168 Rating: N/A |
According to the DHS Secretary, the Obama executive actions will be "comprehensvie" covering a lot of areas other than relief of undocumented immigrants. The outline of the relief of undocumented immigrants is fairly well reported in the media and we have some clues as to which directions he is heading. However, there is no clue as to the reforms in the employment-based immigration system. One thing obvious is that Obama does not have authority to change nonimmigrant and immigrant quotas without legislation. However, he has an authority to practically increase the numbers in the nonimmigrant as well as immigrant system under the current statute without directly changing statutory quota. In the employment-based "immigration system" reform, two proposals have been advocated by the employers. One was to allow recapture of unused immigrant visa numbers. State Department Oppenheim indicates that there are approximately 250,000 numbers that have been not used at this time. The other is to take out spouses and children from annual numerical counts such that entire 140,000 employment visa numbers are used by the foreign workers only and their family members automatically get the immigrant visas just as accompanying and following-to-join derivative beneficiaries without need for separate immigrant visa numbers. The State Department indicated that should these two reforms be implemented, all the current employment-based visa backlogs in the visa bulletins will be completed wiped out, meaning that those EB-485 cases which have been pending will automatically turn into "current" immediately. The EB-visa retrogression will then develop again in one year or two in the future. We would say that it is fair enough for the time being until the Congress enacts a comprehensive immigration reform legislation increasing the quota for employment-based immigration system. This remains a hot potato for foreign workers when they watch Obama's announcement tomorrow. In the nonimmigrant areas for foreign workers, the only way the Obama's executive actions can practically increase current quota system will be change in employment authorization system for foreign worker nonimmigrants and their family members. There is no doubt that H-4 employment authorization will be definitely covered. There is an indication that for the STEM students, OPT may be extended further and eligible specialties can also be adjusted. One other change the Obama executive actions can cover will be expantion of AC-21 type of employment authorization during the period of immigrant visa regression to those whose foreign labor certification or I-140 immigrant petition is approved. For the nonimmigrant foreign workers, EAD system reform can expand their opportunity to remain and work in the U.S. until they obtain a lawful permanent resident status. It is curious how far the President's executive actions will go. Let's wait and see at 08:00 p.m. (EST) tomorrow. Have a sweet dream tonight everyone! ••••• |