Upcoming USCIS policy changes based on Recent Executive Actions
On November 20th 2104, President Obama announced several executive orders to reform immigration. USCIS will be implementing some of these orders into policy and practice within the next few months and others in the long term. These executive orders aim to reduce illegal immigration, focus on deporting criminals, and require undocumented works to pay taxes to remain in the U.S temporarily without deportation. The following describes the executive orders, how they will be implanted and who they are going to effect.
Expanding the scope of people eligible for the Deferred Action for Childhood Arrivals (DACA) program. This executive order seeks to have young people who have entered the country before the age of 16 and have been present since January 1st 2010 to be eligible for the DACA. In addition, the order will extend work authorization from two years to three years. Essentially, individuals born before June 15, 1981 can now apply for DACA, requires continues residence in the U.S since January 1 of 2010 rather than June 15 of 2007, and extends the deferred action period and employment authorization from two years to three years. People can begin making requests within 90 days from November 20th 2014.
The presidential executive orders now allows for parents of U.S citizens and lawful permanent residents born on or before November 20th 2014, who have been in the country since January 1st 2010, to apply for deferred action and employment authorization for three years as long as they pass the required backgrounds checks under the new Deferred Action for Parental Accountability program. This change will affect undocumented residents who are parents of lawful permanent residents or citizens under the above guidelines. In addition, people affected by this change will not be deemed as an enforcement priority for removal, as seen from the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum. People can begin making requests within 180 days from November 20th 2014.
The executive orders also will expand the scope of provisional waivers of unlawful presence to include spouses and children of U.S lawful permanent residents and children of citizens. Undocumented residents who have unlawfully stayed in the U.S for at least 180 days and are the spouse or children of lawful permanent residents or the children of U.S citizens can now apply to get a waiver if a visa is available. In addition, the order clarifies the term “extreme hardship” standard that must be met to obtain a waiver.
The executive orders seek to modernize, improve, and clarify immigrant and nonimmigrant programs to create jobs and improve the economy. These executive orders will affect mainly U.S businesses, foreign investors, researchers, inventors, and skilled foreign workers. Specifically, USCIS will develop a method to ensure all immigrant visas are issued to eligible individuals when there is sufficient demand for such visas. USCIS will also work with the Department of State to improve the Visa Bulletin system to create a simpler, more reliable way of determining visa availability. USCIS will clarify the standards by which a national interest waiver may be granted to benefit the U.S economy. USCIS will authorize parole, on a case by case basis, to inventors, researchers and founders of startup companies who do not qualify for the national interest wavier but have substantial U.S investor financing or hold promise of innovation and job creation through the development of new technology. USCIS will offer work authorization to spouses of certain H-1B visa holders who are in the process of obtaining lawful permanent resident status. In addition, USCIS will work with Immigration and Customs Enforcement to create regulations for notice and comment to expand and extend optional practical training (OPT) that are consistent with existing law. Finally, USCIS will provide clear guidance on the definition of “specialized knowledge” to clarify the L-1B program, improve consistency in rulings, and increase companies’ confidence in the program.
Lastly, the orders seek to promote citizenship education and awareness for lawful permanent residents and allow the use of credit cards to pay application fees for naturalization applicants. In addition, USCIS will assess the potential for partial fee waivers for the next biennial fee study. People can begin making requests sometime in 2015.
The recent executive orders will bring many changes and clarifications to current immigration policies. To learn more about how the executive orders affect you and answers to popular questions on these changes, please visit: http://www.uscis.gov/immigrationaction.
Zhang & Associates, P.C. has successfully represented many cases leading to lawful permanent residency.Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service and give the best legal advice for your situation. If you would like to contact us, please email us at info@hooyou.com.
Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.
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(11/24/2014)