Bringing Business Immigration into the Twenty-First Century

Contributed by Melanie Corrin, Partner

The President’s announcement regarding Executive Action on immigration Thursday, November 20, 2014 did not only reach some individuals who are in the United States without documentation, it also addresses needs in other areas of immigration that can be evaluated and bettered for our nation’s businesses.

In the coming months the United States Citizenship & Immigration Service (USCIS) will be tasked with working with the United States Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.  This includes all Employment Based categories.  Additionally, USCIS will work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.

Additionally, USCIS has been tasked with providing clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.  Given that some individuals are waiting seven years before they are adjustment eligible, the current system stymies career development and employer’s ability to promote based on archaic reading of immigration laws and regulations.

Other Steps the Executive Action Seeks to Take:

• Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.
• Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who have been awarded substantial U.S. investor financing; or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.
• Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status.
• Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.
• Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.

Please contact Joseph & Hall P.C. if you have any questions about the above information, we look forward to working with you.