Siskind Summary: The Immigration Accountability Executive Action (IAEA)
Update: Now appears no requirement to pay back taxes for deferred action parents.
Update: Reporters – Shoot me an email at gsiskind@visalaw.com if you want to speak and we can connect by cell phone after that. Greg
Update: WH now saying application process will probably start in the spring for the deferred action programs.
Note – This information is subject to change after I see the final document being released, but I believe everything here is accurate. I will make changes to this summary if I learn new details or to make necessary corrections.
My initial take: Wow! We were being prepared for the deferred action expansion which was great. But the employment immigration changes are pretty massive as well including the introduction of pre-registration for adjustment of status. H-1B opponents who are not against immigration – just against that particular program – will like this a lot because it will bring portability to high skilled workers in a way that doesn’t exist now. We’ll still need the H-1B visa, but it is no longer going to strangle the economy in the same way.
Incidentally, the program will go under the name “Immigration Accountability Executive Action.” The White House is using the hashtag #immigrationaction to refer to the contents of the President’s announcement.
Here we go –
Deferred Action Expansion
1. Parents of US citizens and lawful permanent residents will now be eligible for deferred action is they have been present since 1/1/2010 and have five years of total presence in the US.
Applicants will be subject to background checks
Estimated population benefit will be 4.4 million.
2. DACA expansion
Upper age cap will be eliminated and people of any age can apply if they meet the other requirements.
Physical presence date advanced to 1/1/2010 (same as above).
Applications likely going to be accepted in spring 2015.
Enforcement
The Morton memo is being replaced with an interagency memorandum that sets out new enforcement priorities.
Three groups
A. Serious threats – suspected terrorists, felons and gang members as well as recent entrants (people who came after 1/1/2014).
B. Significant misdemeanors and multiple misdemeanors – basically, mirroring current DACA guidelines.
C. People who ignored removal orders and reenter the US after 1/1/2014
Individuals who don’t fit in to these groups, but also don’t qualify for IAEA will be eligible for prosecutorial discretion.
The victims of crime memorandum is not being rescinded.
Secure Communities being replaced by Priority Enforcement Program. Under PEP, ICE can put a request in for a local law enforcement agency to detain an individual. It will no longer be automatic.
Legal Immigration Reforms
1. Pre-registration will be available to allow people adjustment of status benefits when an I-140 is approved but no priority date is available. (estimated to benefit 400,000)
2. Using advance parole will not trigger inadmissibility.
3. Parole in place being expanded to
a. certain entrepreneurs
b. enlistees in the military
4. National interest waiver category being broadened via guidance to include foreign entrepreneurs
5. Adjustment “same or similar” portability language being made more user friendly.
6. Optional Practical Training – authorized period of work authorization being lengthened and broadened beyond STEM.
7. PERM – will be modified to make cases move “more easily”
8. 601(a) waivers will be expanded to lawful permanent resident spouses (limited to unlawful presence).
9. “extreme hardship” standard being modified.
There will be a presidential memo and a task force created. More changes may be coming when actual memoranda and regulations are issued.
Timing – some items will be immediate and others will be phased in.
What didn’t make it in tonight’s list –
– parents of DACA
– spouses of USCs and LPRs (though 601(a) waiver changes may take care of many
– changing the way derivatives are counted for green cards
– changes to the H-1B program including easing affiliation rules, cap gap relief for doctors, Neufeld memo easing
- Immigrant of the Week: Charlize Theron - March 6, 2020
- Immigrant of the Week: Alberto Pérez - March 2, 2020
- Immigrants of the Week: Andrew Cherng & Tsiang Cherng - February 24, 2020
20 comments
Is there any thing for backlog reductions ?
Sadly, no, despite lots of advocacy efforts urging this.
For parents of US citizens who had longer than 5 years in the US but were deported, would they be able to apply for deferral so that they can re-enter the US?
Thank you for sharing with us! although it is not as good as the comprehensive immigration reform bill, it is still good news for many F-1 students
Seems most news reports say only STEM fields will get OPT extensions. Is that what you found out?
Pre-registration? I didn’t see it mentioned in either the DHS memo nor USCIS memo. Care to clarify your source? Thanks!
It’s not mentioned in the published documents. The White House mentioned this is included when they held a briefing for certain advocacy groups yesterday morning. I am presuming more details on this will be forthcoming.
Hello, Could you please throw in more light when you say “it will bring portability to high skilled workers in a way that doesn’t exist now”. In order to satisfy this, should we be with the same company where the I-140 was approved? My question is: does this rule come in to effect for only those who switched their jobs after the rule is in effect or for any guys who have I-140 approval and changed the job in the recent past?
Please help!
Hi Sujith – Assuming you can file an adjustment at the time the I-140 is approved rather than when your priority date is current, you could get portability rights after 180 days – potentially years before the current system. That would allow you to move to an employer employing you in the same or a similar occupation using your work card.
I know some of my colleagues have to go back to their home country after 6 year limit. They all have US born kids. Can they apply under this new rule as parent of US citizen and get EAD ?
Unfortunately, the new deferred action program for parents won’t work for them because of the requirement that one has to be out of legal status on 11/20/2014. However, if their employers have sponsored them for green cards, they may be able to get employment documents faster under the proposed “pre-registration” program. That could still be several months away, however.
Hello, how long is it expected for the “Pre-registration” to take place as well as EAD for H4 holders? Seems it will take several months or a year to nail down the details and then publish for 6 months for public comment and then another several months to execute? That counts at least two years from now? Thank you!
Pre-registration is going to require regulatory changes so I’m guessing four to six months at the earliest and probably longer. The H-4 EADs will probably start as early as next month or in January because that regulation was already proposed earlier this year.
Work Authorization, lengthened and broadened beyond STEM. Does this mean to extend OPT for Non STEM degrees as well?
The 29 month STEM OPT period is likely to be extended. And more occupations will be included in STEM. Also, people with a previous STEM degree MIGHT be able to get the longer STEM OPT, though I understand that has not yet been decided.
Can I apply for DAPA and after use my existing I140 to adjust to 485?
Can I apply for DAPA and then after use my I140 to adjust to 485?
What happens to the lawfully residing parents of a U.S. born child citizen who are stuck in EB 2 category for last 4 -5 years? Can they apply for expedite process under this executive action?
Is there no allowances for F4 category approved petitions pending more than 7 years , awaiting visa number? According to bulletin still a further 5 years!!
I have an approved i140 since 2007 in the other worker category. If all go as plan,will i qualify for an ead and be able to travel or be able to.file for adjustment of status for my spouse and myself?
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