President Obama signed two executive actions on Friday (November 21st) intended to “fix America’s broken immigration system”, and although the media has focused on how the actions will impact illegal immigrants, they actually have much broader implications. In fact, the executive order is likely to bring beneficial changes across the entire immigration spectrum, including family immigration and employment-based visas.[1]
The President’s actions would grant “deferred action” to children who were brought into the country illegally and to parents of United States citizens or legal permanent residents. In terms of numbers, these two categories of immigrants will be most affected by the order:
Group 1: Children Brought to the US Illegally
The President expanded a 2012 executive action called DACA, or Deferred Action for Childhood Arrivals, which defers deportation for people brought into the country illegally as children. With DACA, the President deferred the deportation of those who were born after 1981 and entered the country before June 15, 2007. His recent Executive Action expanded protection to include any children who were brought to this country illegally before January 1, 2010.
Group 2: Parents of Legal Immigrants
If they have lived in the U.S. for at least five years, the parents of children who are either U.S. citizens or hold a green card are entitled to deferred action and a three-year work permit. The parents can also apply for a Social Security card, but are not entitled to Social Security benefits.
Estimates of how many people from these two groups that may be impacted by the action are as high as 5.2 million.[2]
Importantly, however, there is also a third group of people who will benefit from the action:
Group 3: Higher-Skilled Immigrants and “talented entrepreneurs.”
According to the White House press secretary, “The President’s actions will also streamline legal immigration to boost our economy and will promote naturalization for those who qualify.”[3] Indeed, the action contains several components that are intended to expand opportunities for those seeking employment-based visas, as well as their families, and to loosen an array of immigration restrictions that currently inhibit this population’s ability to live and work in the US. Currently, there are no reliable estimates as to the number of beneficiaries in this third group.[4]
For instance, the order includes provisions that will better allocate a number of employment-based visas, particularly in areas of high demand. This may result in removing some of the backlogs that currently exist in EB-2 and EB-3 categories for India and China, including for family visas.[5] The details of how the allocations will be modified have not yet been provided. Given that about 1 in every 8 Asian immigrants in the United States is unauthorized, the Asian population will benefit greatly from these improvements.[6]
In addition, the order may expand the availability of optional practical training (OPT) for graduating F-1 students. The executive action will also allow some foreign students on F-1 visas to request 12 additional months of F-1 visa status and allow others with advanced degrees or exceptional ability to seek green cards without employer sponsorship.[7]
The action also finalizes a rule providing work permits to spouses of H-1B visa workers (temporary foreign employees) who are on a path to permanent residency. Though, up until now, spouses of such workers have been allowed to reside in the US with an H-4 visa, they were not authorized to work.[8]
Finally, the action is also intended to help certain foreign-born entrepreneurs, inventors, and scholars reside in the U.S. Such individuals who do not yet qualify for a National Interest Waiver[9] allowing them stay in the US will be provided parole if they show promise of innovation and job growth based on cutting-edge research.[10] That waiver would be tied to obtaining funding from U.S. investors or showing their innovations will lead to job creation.[11] This policy change will encourage entrepreneurs who are currently living and working in the US on the basis of an EB-2 visa, to apply for the so-called “entrepreneur visa,” allowing them to work full-time in their start-up business and to keep an executive role in their company. e-Council Inc. can assist foreign entrepreneurs with their visa application, particularly by creating a business plan that will illustrate how their start-up meets the job- and financial requirements set out by USCIS.
How these many provisions will be implemented on both a federal and state-by-state basis remains to be seen, as do the changes that will be made to the provisions on the path to implementation. Either way, we expect to see some initiatives being carried out as soon as a few months from now.[12]
To find out about professional, well-researched, articulate, expository narrative Visa Business Plans, as well as a variety of ancillary services, all of which are designed to specifically address USCIS’s concerns, contact e-Council Inc.com at info@ecouncilinc.com.
e-Council Inc.com’s website, newsletter and other forms of communication contain general information about legal matters. The information is not legal advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.
[1] http://www.thegillfirm.com/Immigration-Blog/2014/November/Details-of-Executive-Action-By-President-Obama.aspx
[2] http://www.npr.org/blogs/thetwo-way/2014/11/21/365719365/a-closer-look-at-obamas-immigration-plan-what-s-in-it-who-s-affected
[3] http://www.whitehouse.gov/the-press-office/2014/11/20/fact-sheet-immigration-accountability-executive-action
[4] http://www.npr.org/blogs/thetwo-way/2014/11/21/365719365/a-closer-look-at-obamas-immigration-plan-what-s-in-it-who-s-affected
[5] http://www.thegillfirm.com/Immigration-Blog/2014/November/Details-of-Executive-Action-By-President-Obama.aspx
[6] http://www.npr.org/2014/11/22/365910465/asians-benefit-not-just-latinos-from-obamas-immigration-action
[7] http://www.eb5insights.com/2014/11/20/presidents-executive-action-on-immigration-content-and-preliminary-analysis-of-what-it-means-for-businesses-and-compliance/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Eb-5Insights+%28EB-5+Insights%29; http://thinkprogress.org/immigration/2014/11/24/3595892/obamas-executive-action-is-what-republicans-ordered/
[8] http://www.thegillfirm.com/Immigration-Blog/2014/November/Details-of-Executive-Action-By-President-Obama.aspx
[9] According to USCIS, “Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation.” http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
[10] http://www.thegillfirm.com/Immigration-Blog/2014/November/Details-of-Executive-Action-By-President-Obama.aspx
[11] http://online.wsj.com/articles/for-foreign-born-entrepreneurs-startup-visas-offer-a-chance-to-finish-1416613000
[12] http://www.npr.org/blogs/thetwo-way/2014/11/21/365719365/a-closer-look-at-obamas-immigration-plan-what-s-in-it-who-s-affected