The President Obama’s Immigration Executive Actions

on Thursday, 20 November 2014. Posted in Employment Based Immigration, Family Based Immigration, News, Immigration

Obama dismisses GOP warnings against executive action on immigration

On November 20, 2014, President Obama released his plan on immigration executive actions. Here is a summary of the elements expected to be part of the President’s executive actions on immigration.

1. Two Deferred Action Initiatives that combined are estimated to benefit 4.4 million immigrants in the United States:

a. Deferred Action for Parents, who meet the following criteria:

(1) Are the parents of a US Citizen or lawful permanent resident born on or before November 20, 2014;

(2) Have continuously present in the United States since January 1, 2010;

(3) Have passed background checks;

(4) Pay taxes in the United States;

The deferred action is set to be granted for 3-year period with employment authorization. The Immigration filing fee is expected to be $465.

The deferred action for parents is expected to be implemented by the U.S. Citizenship and Immigration Services in approximate 180 days following the President’s November 20, 2014 announcement.

b. Expansion of Deferred Action for Childhood Arrivals, who meet the following criteria:

(1) Have continuously resided in the United States since January 1, 2010;

(2) Came to the United States before reaching 16th birthday;

(3) Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

(4) Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to the national security or public safety.

The deferred action is set to be granted for 3-year period with employment authorization. The Immigration filing fee is expected to be $465.

The expanded Deferred Action for Childhood Arrivals is expected to be implemented by the U.S. Citizenship and Immigration Services in approximate 90 days following the President’s November 20, 2014 announcement.

2. Pre-Registration for Adjustment of Status:

Individual with an approved employment-based immigrant petition who are caught in the visa number quota backlogs will be able to pre-register for adjustment of status to obtain benefits of a pending adjustment, such as employment authorization and advance parole for international travel.

3. H-4 Employment Authorization:

The H-4 spouse of an H-1B worker with filed immigration petition will be eligible to apply for employment authorization. It is expected the regulation will be finalized in December 2014 or January 2015.

4. Expanded I-601A Provisional Waiver:

The I-601A Provisional Waiver program announced in 2013 only allows the undocumented spouses and minor children of US Citizen to apply to obtain a provisional waiver.

The expanded I-601A Provisional Waiver will add the spouses, sons or daughters of lawful permanent residents, and adult sons and daughters of US Citizen.

5. Integrated Immigrant and Nonimmigrant Program to Grow US Economy and Create Jobs:

The U.S. Citizenship and Immigration Services will:

(1) Work with the Department of States 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;

(2) Work with the Department of States to modify the Visa Bulletin system to more simply and reliably make determination of visa availability;

(3) Provide clarity on adjustment portability to remove unnecessary restriction on nature career progression and general job mobility to provide relief to workers facing lengthy adjustment delays;

(4) 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 US economy;

(5) Authorize parole, on a case by case basis, to eligible inventors, researchers and founder of startup enterprises who may not yet qualify for a national interest waiver, but who:

a. Have been awarded substantial US investor financing; or

b. Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting edge research;

6. OPT Extension:

The U.S. Citizenship and Immigration Services will work with the Immigration and Customs Enforcement to develop regulations for notice and comment to expand and extend the use of OPT for foreign students.

7. Deportation Priorities:

The enforcement agency will set a deportation priorities for:

(1) Suspected terrorists, convicted felonies, convicted gang members, and people apprehended on the borders;

(2) People convicted of serious or multiple misdemeanors, and with very recent entrant to the United States;

(3) Those who failed to leave the United States under a removal order or returned after removal after January 1, 2014.

For more detailed information, you may visit the website of the U.S. Citizenship and Immigration Services at: http://www.uscis.gov/immigrationaction.

**** The information is only for public education purpose. Should you have any specific questions, please contact us at 404-343-7166 Ext. 0 or 800-928-4615 Ext. 0 to schedule a consultation with an attorney at our law firm.

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