Much has been reported regarding President Obama’s Immigration Accountability Executive Action (IAEA). And, of course, there is still uncertainty regarding when and exactly what measures will be implemented by the Immigration Service.
With so much speculation on the topic, and an abundance of DACA and DAPA information, it’s not particularly easy to understand what the Immigration Executive Action contains relating to the country’s legal immigration system. Below is a quick summary of USCIS’s January 29, 2015, notice [http://www.uscis.gov/immigrationaction].
In the notice, USCIS indicated that it will work toward to goals of:
• Using all available immigrant (i.e., greencard) visa numbers when there is sufficient demand.
• Simplifying the Visa Bulletin system with regard to determinations of visa number availability.
• Clarifying I-485 portability (i.e., adjustment portability) to remove uncertainty relating to job mobility/career progression of the individual worker.
• Clarifying the National Interest Waiver I-140 (NIW I-140) greencard standard for foreign inventors, researchers and founders of start-up companies.
• Providing parole eligibility to certain inventors, researchers and founders of start-up companies who are not eligible for the NIW I-140, but who:
o Have been awarded substantial financing from US investors, OR
o Demonstrate promise of innovation and job creation through new technology development OR through the pursuit of “cutting-edge research”.
• Finalizing H-4 work authorization for the spouse of an H-1B worker whose greencard paperwork is in progress.
• Expanding and extending Optional Practical Training (OPT) for certain foreign students.
• Consolidating and clarifying L-1B Specialized Knowledge employee guidance to improve consistency in adjudications. Using these as a basis, there is great potential for an improved immigration system.
For now, we eagerly await additional details from USCIS regarding the provisions.
Ms. Wadhwani is a partner in the Immigration Practice Group at Fox Rothschild LLP. She may be reached at firstname.lastname@example.org.