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Saturday, 22 November 2014

Obama's speech on immigration plan

WASHINGTON: Following is the full text of President Barack Obama's speech on Thursday on his plans for immigration, as prepared for delivery, according to a White House statement: 

"My fellow Americans, tonight, I'd like to talk with you about immigration. 

For more than 200 years, our tradition of welcoming immigrants from around the world has given us a tremendous advantage over other nations. It's kept us youthful, dynamic, and entrepreneurial. It has shaped our character as a people with limitless possibilities - people not trapped by our past, but able to remake ourselves as we choose. 

But today, our immigration system is broken, and everybody knows it. 

Families who enter our country the right way and play by the rules watch others flout the rules. Business owners who offer their workers good wages and benefits see the competition exploit undocumented immigrants by paying them far less. All of us take offense to anyone who reaps the rewards of living in America without taking on the responsibilities of living in America. And undocumented immigrants who desperately want to embrace those responsibilities see little option but to remain in the shadows, or risk their families being torn apart. 

It's been this way for decades. And for decades, we haven't done much about it. 

When I took office, I committed to fixing this broken immigration system. And I began by doing what I could to secure our borders. Today, we have more agents and technology deployed to secure our southern border than at any time in our history. And over the past six years, illegal border crossings have been cut by more than half. Although this summer, there was a brief spike in unaccompanied children being apprehended at our border, the number of such children is now actually lower than it's been in nearly two years. Overall, the number of people trying to cross our border illegally is at its lowest level since the 1970s. Those are the facts. 

Meanwhile, I worked with Congress on a comprehensive fix, and last year, 68 Democrats, Republicans, and Independents came together to pass a bipartisan bill in the Senate. It wasn't perfect. It was a compromise, but it reflected common sense. It would have doubled the number of border patrol agents, while giving undocumented immigrants a pathway to citizenship if they paid a fine, started paying their taxes, and went to the back of the line. And independent experts said that it would help grow our economy and shrink our deficits. 

Had the House of Representatives allowed that kind of a bill a simple yes-or-no vote, it would have passed with support from both parties, and today it would be the law. But for a year and a half now, Republican leaders in the House have refused to allow that simple vote. 

Now, I continue to believe that the best way to solve this problem is by working together to pass that kind of common sense law. But until that happens, there are actions I have the legal authority to take as President - the same kinds of actions taken by Democratic and Republican Presidents before me - that will help make our immigration system more fair and more just. 

Tonight, I am announcing those actions. 

First, we'll build on our progress at the border with additional resources for our law enforcement personnel so that they can stem the flow of illegal crossings, and speed the return of those who do cross over. 

Second, I will make it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to our economy, as so many business leaders have proposed. 

Third, we'll take steps to deal responsibly with the millions of undocumented immigrants who already live in our country. 

I want to say more about this third issue, because it generates the most passion and controversy. Even as we are a nation of immigrants, we are also a nation of laws. Undocumented workers broke our immigration laws, and I believe that they must be held accountable - especially those who may be dangerous. That's why, over the past six years, deportations of criminals are up 80 percent. And that's why we're going to keep focusing enforcement resources on actual threats to our security. Felons, not families. Criminals, not children. Gang members, not a mother who's working hard to provide for her kids. We'll prioritize, just like law enforcement does every day. 

But even as we focus on deporting criminals, the fact is, millions of immigrants - in every state, of every race and nationality - will still live here illegally. And let's be honest - tracking down, rounding up, and deporting millions of people isn't realistic. Anyone who suggests otherwise isn't being straight with you. It's also not who we are as Americans. After all, most of these immigrants have been here a long time. They work hard, often in tough, low-paying jobs. They support their families. They worship at our churches. Many of their kids are American-born or spent most of their lives here, and their hopes, dreams, and patriotism are just like ours. 

As my predecessor, President Bush, once put it: "They are a part of American life." 

Now here's the thing: we expect people who live in this country to play by the rules. We expect that those who cut the line will not be unfairly rewarded. So we're going to offer the following deal: If you've been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you're willing to pay your fair share of taxes - you'll be able to apply to stay in this country temporarily, without fear of deportation. You can come out of the shadows and get right with the law. 

That's what this deal is. Now let's be clear about what it isn't. This deal does not apply to anyone who has come to this country recently. It does not apply to anyone who might come to America illegally in the future. It does not grant citizenship, or the right to stay here permanently, or offer the same benefits that citizens receive - only Congress can do that. All we're saying is we're not going to deport you. 

I know some of the critics of this action call it amnesty. Well, it's not. Amnesty is the immigration system we have today - millions of people who live here without paying their taxes or playing by the rules, while politicians use the issue to scare people and whip up votes at election time. 

That's the real amnesty - leaving this broken system the way it is. Mass amnesty would be unfair. Mass deportation would be both impossible and contrary to our character. What I'm describing is accountability - a commonsense, middle ground approach: If you meet the criteria, you can come out of the shadows and get right with the law. If you're a criminal, you'll be deported. If you plan to enter the US illegally, your chances of getting caught and sent back just went up. 

The actions I'm taking are not only lawful, they're the kinds of actions taken by every single Republican President and every single Democratic President for the past half century. And to those Members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill. I want to work with both parties to pass a more permanent legislative solution. And the day I sign that bill into law, the actions I take will no longer be necessary. Meanwhile, don't let a disagreement over a single issue be a dealbreaker on every issue. That's not how our democracy works, and Congress certainly shouldn't shut down our government again just because we disagree on this. Americans are tired of gridlock. What our country needs from us right now is a common purpose - a higher purpose. 

Most Americans support the types of reforms I've talked about tonight. But I understand the disagreements held by many of you at home. Millions of us, myself included, go back generations in this country, with ancestors who put in the painstaking work to become citizens. So we don't like the notion that anyone might get a free pass to American citizenship. I know that some worry immigration will change the very fabric of who we are, or take our jobs, or stick it to middle-class families at a time when they already feel like they've gotten the raw end of the deal for over a decade. I hear these concerns. But that's not what these steps would do. Our history and the facts show that immigrants are a net plus for our economy and our society. And I believe it's important that all of us have this debate without impugning each other's character. 

Because for all the back-and-forth of Washington, we have to remember that this debate is about something bigger. It's about who we are as a country, and who we want to be for future generations. 

Are we a nation that tolerates the hypocrisy of a system where workers who pick our fruit and make our beds never have a chance to get right with the law? Or are we a nation that gives them a chance to make amends, take responsibility, and give their kids a better future? 

Are we a nation that accepts the cruelty of ripping children from their parents' arms? Or are we a nation that values families, and works to keep them together? 

Are we a nation that educates the world's best and brightest in our universities, only to send them home to create businesses in countries that compete against us? Or are we a nation that encourages them to stay and create jobs, businesses, and industries right here in America? 

That's what this debate is all about. We need more than politics as usual when it comes to immigration; we need reasoned, thoughtful, compassionate debate that focuses on our hopes, not our fears. 

I know the politics of this issue are tough. But let me tell you why I have come to feel so strongly about it. Over the past few years, I have seen the determination of immigrant fathers who worked two or three jobs, without taking a dime from the government, and at risk at any moment of losing it all, just to build a better life for their kids. I've seen the heartbreak and anxiety of children whose mothers might be taken away from them just because they didn't have the right papers. I've seen the courage of students who, except for the circumstances of their birth, are as American as Malia or Sasha; students who bravely come out as undocumented in hopes they could make a difference in a country they love. These people - our neighbors, our classmates, our friends - they did not come here in search of a free ride or an easy life. They came to work, and study, and serve in our military, and above all, contribute to America's success. 

Tomorrow, I'll travel to Las Vegas and meet with some of these students, including a young woman named Astrid Silva. Astrid was brought to America when she was four years old. Her only possessions were a cross, her doll, and the frilly dress she had on. When she started school, she didn't speak any English. She caught up to the other kids by reading newspapers and watching PBS, and became a good student. Her father worked in landscaping. Her mother cleaned other people's homes. They wouldn't let Astrid apply to a technology magnet school for fear the paperwork would out her as an undocumented immigrant - so she applied behind their back and got in. Still, she mostly lived in the shadows - until her grandmother, who visited every year from Mexico, passed away, and she couldn't travel to the funeral without risk of being found out and deported. It was around that time she decided to begin advocating for herself and others like her, and today, Astrid Silva is a college student working on her third degree. 

Are we a nation that kicks out a striving, hopeful immigrant like Astrid - or are we a nation that finds a way to welcome her in? 

Scripture tells us that we shall not oppress a stranger, for we know the heart of a stranger - we were strangers once, too. 

My fellow Americans, we are and always will be a nation of immigrants. We were strangers once, too. And whether our forebears were strangers who crossed the Atlantic, or the Pacific, or the Rio Grande, we are here only because this country welcomed them in, and taught them that to be an American is about something more than what we look like, or what our last names are, or how we worship. What makes us Americans is our shared commitment to an ideal - that all of us are created equal, and all of us have the chance to make of our lives what we will. 

That's the country our parents and grandparents and generations before them built for us. That's the tradition we must uphold. That's the legacy we must leave for those who are yet to come. 
Thank you, God bless you, and God bless this country we love."

Obama greenlights high-skilled immigration; relief for H-1B visa holders, spouses, students

WASHINGTON: Presenting a powerful moral argument that America is and will always be a nation of immigrants, US President Barack Obama announced on Thursday that he would exercise his executive prerogative to protect nearly four million undocumented immigrants from deportation while streamlining procedures to retain in the US skilled foreign tech students and workers, many of whom are from China and India. 

In a 15-minute prime time address to the nation, Obama invoked some of the most fundamental ideals of the United States to make his case, reminding those who opposed immigration that, "We were strangers once, too." 

"Whether our forbears were strangers who crossed the Atlantic, or the Pacific or the Rio Grande, we are here only because this country welcomed them in and taught them that to be an American is about something more than what we look like or what our last names are, or how we worship," he told Americans, many of who have forgotten they were immigrants too. 

While the President's executive orders will largely pertain to an estimated 4.1 million undocumented parents of US-born children (and therefore citizens) and about 300,000 undocumented immigrants who came to the US illegally as children, he also announced broad procedural changes that will make it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to the American economy in a transparent effort to maintain US edge over other nations. 



According to a factsheet issued by the White House, the President will act to provide portable work authorization for high-skilled workers waiting their Legal Permanent Residency (LPR, also called green cards), including to their spouses. Under the current system, employees with approved LPR applications are often in limbo while waiting for the process, which can take several years, to conclude, unable to switch jobs or cities or even marry. 

The factsheet says the Department of Homeland Security will make regulatory changes to allow these workers, usually on H-1B visas, to move or change jobs more easily. DHS, it said, is also finalizing new rules to give certain H-1B spouses employment authorization as long as the H-1B spouse also has an approved LPR application. Tens of thousands of Indian H1-B workers and their spouses are expected to benefit from this.

 


The executive order will also strengthen and extend on-the-job training for STEM graduates of US universities in an effort to keep them in the US. "In order to strengthen educational experiences of foreign students studying science, technology, engineering, and mathematics (STEM) at US universities, DHS will propose changes to expand and extend the use of the existing Optional Practical Training (OPT) program and require stronger ties between OPT students and their colleges and universities following graduation," the factsheet said. There are more than 100,000 Indian students in the US, nearly 70 per cent of them in STEM courses. 

The proposal stops well short of "stapling a green card to a foreign student's US degree" that some votaries wanted, but it points to more breathing room for graduating students, many of whom are forced to return home if they have not snagged a job within the year-old OPT timeframe. The President's long-time gripe, fueled by high-tech immigration advocates like Bill Gates and Vivek Wadhwa, has been that foreign students trained in the US often return home to start businesses because of the broken immigration system that does not keep them in the US to contribute to the American economy. 

The executive order will also direct DHS will expand immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment, and generating revenue in the US, "to ensure that our system encourages them to grow our economy." DHS will clarify its guidance on temporary L-1 visas for foreign workers — used by a number of Indian companies — who transfer from a company's foreign office to its US office. The Labor Department will take regulatory action to modernize the labor market test that is required of employers that sponsor foreign workers for immigrant visas while ensuring that American workers are protected. 

The President's announcement brought mixed reaction in the Indian/South Asian/Asian circles that had felt there was too much emphasis on the illegal or undocumented immigration from the Hispanic world as opposed to the largely legal workforce from Asia caught in limbo because of procedural wrangles and archaic rules. 

"The proposed executive order could provide relief for over 4 million undocumented aspiring Americans, including tens of thousands — if not more — South Asians. Coupled with proposals to expand available visas and address long wait times for many immigrants, this relief is welcome news to South Asians nationwide as we continue to work toward a legislative solution," said Suman Ranganathan, executive director of organisation SAALT, for Strengthening South Asian Communities in America. 

But Congressman Mike Honda, re-elected recently from Silicon Valley, felt it did not go far enough. "There are many areas needed for true immigration reform that this executive action does not immediately address, including the backlog of visa petitions filed by citizens and green card holders, an increase in H-1B visas that attract the top business and tech talent to Silicon Valley and the nation, and reducing the employment visa backlog," he said, adding, "Our businesses need to be able to attract high-skilled workers from around the globe to stay competitive and improve our economy; and those workers need a way to have their families join them in America."

How Will President Obama's Immigration Reform Announcement be Implemented?

Executive Actions on Immigration




On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.  
These initiatives include:
  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years | Details
  • Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks | Details
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens | Details
  • Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs | Details
  • Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee | Details
Important notice: These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. Subscribe to this page to get updates when new information is posted. 

Next steps

USCIS and other agencies and offices are responsible for implementing these initiatives as soon as possible. Some initiatives will be implemented over the next several months and some will take longer.
Over the coming months, USCIS will produce detailed explanations, instructions, regulations and forms as necessary. The brief summaries provided below offer basic information about each initiative. 
While USCIS is not accepting requests or applications at this time, if you believe you may be eligible for one of the initiatives listed above, you can prepare by gathering documents that establish your:
  • Identity;
  • Relationship to a U.S. citizen or lawful permanent resident; and
  • Continuous residence in the United States over the last five years or more.
We strongly encourage you to subscribe to receive an email whenever additional information on these initiatives is available on our website. We will also post updates onFacebook and Twitter.
Share this page with your friends and family members. Remind them that the only way to be sure to get the facts is to get them directly from USCIS. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf or by claiming to provide other special access or expedited services which do not exist. To learn how to get the right immigration help, go to the Avoid Scamspage.
Below are summaries of major planned initiatives by USCIS, including:
  • Who is eligible
  • What the initiative will do
  • When you can begin to make a request
  • How to make a request
1. Deferred Action for Childhood Arrivals (DACA) program
Who
  • Current DACA recipients seeking renewal and new applicants, including individuals born prior to June 15, 1981, who meet all other DACA guidelines.
What
  • Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.
  • Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.
  • Extends the deferred action period and employment authorization to three years from the current two years.
When
  • Approximately 90 days following the President’s November 20, 2014, announcement.
How

2. Deferred action for parents of U.S. citizens and lawful permanent residents
Who
  • An undocumented individual living in the United States who, on the date of the announcement, is the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below.
What
  • Allows parents to request deferred action and employment authorization if they:
    • Have continuous residence in the United States since January 1, 2010;
    • Are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and
    • Are not an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.
Notes: USCIS will consider each request for Deferred Action for Parental Accountability (DAPA) on a case-by-case basis. Enforcement priorities include (but are not limited to) national security and public safety threats.
When
  • Approximately 180 days following the President’s November 20, 2014, announcement.
How
  • Subscribe to this page to receive updates by email.

3. Provisional waivers of unlawful presence
Who
  • Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:
    • The sons and daughters of U.S. citizens; and
    • The spouse and sons or daughters of lawful permanent residents.
What
  • Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.
  • Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.
Notes: Currently, only spouses and minor children of U.S. citizens are allowed to apply to obtain a provisional waiver if a visa is available. For more information about the waivers program, go to the Provisional Unlawful Presence Waivers page which will be updated over the next several months.
When
  • Upon issuing of new guidelines and regulations.
How
  • Subscribe to this page to receive updates by email.

4. Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs
Who
  • U.S. businesses, foreign investors, researchers, inventors and skilled foreign workers.
What
USCIS will:
  • Work with the 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.
  • Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
  • Provide 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.  
  • 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 ofoptional 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.
When
  • Upon issuing necessary guidance and regulations.
How
  • Subscribe to this page to receive updates by email.

5. Promote the naturalization process
Who
  • Lawful permanent residents eligible to apply for U.S. citizenship
What
  • Promote citizenship education and public awareness for lawful permanent residents.
  • Allow naturalization applicants to use credit cards to pay the application fee. 
  • Assess potential for partial fee waivers in the next biennial fee study.
Notes: Go to the U.S. Citizenship page to learn about the naturalization process and visit the Citizenship Resource Center to find naturalization test preparation resources. You can also visit the N-400, Application for Naturalization, page.
When
  • During 2015
How
  • Subscribe to this page to receive updates by email.
  

Key Questions and Answers

Q1: When will USCIS begin accepting applications related to these executive initiatives?
A1:  While USCIS is not accepting applications at this time, individuals who think they may be eligible for one or more of the new initiatives may prepare now by gathering documentation that establishes factors such as their:
  • Identity;
  • Relationship to a U.S. citizen or lawful permanent resident; and
  • Continuous residence in the United States over the last five years or more.
USCIS expects to begin accepting applications for the:
  • Expanded DACA program approximately 90 days after the President’s November 20, 2014, announcement; and
  • Deferred action for parents of U.S. citizens and lawful permanent residents (Deferred Action for Parental Accountability) approximately 180 days after the President’s November 20, 2014, announcement. 
Others programs will be implemented after new guidance and regulations are issued.
We strongly encourage you to subscribe to receive an email whenever additional information is available on the USCIS website. Remember that the only way to get official information is directly from USCIS. Unauthorized practitioners of immigration law may try to take advantage of you by charging a fee to submit forms to USCIS on your behalf or by claiming to provide other special access or expedited services which do not exist. To learn how to get the right immigration help, visit www.uscis.gov/avoidscams for tips on filing forms, reporting scams and finding accredited legal services.
Q2: How many individuals does USCIS expect will apply?
A2: Preliminary estimates show that roughly 4.9 million individuals may be eligible for the initiatives announced by the President. However, there is no way to predict with certainty how many individuals will apply. USCIS will decide applications on a case-by-case basis and encourages as many people as possible to consider these new initiatives. During the first two years of DACA, approximately 60 percent of potentially eligible individuals came forward. However, given differences among the population eligible for these initiatives and DACA, actual participation rates may vary.
Q3: Will there be a cutoff date for individuals to apply?
A3: The initiatives do not include deadlines. Nevertheless, USCIS encourages all eligible individuals to carefully review each initiative and, once the initiative becomes available, make a decision as soon as possible about whether to apply. 
Q4: How long will applicants have to wait for a decision on their application?
A4: The timeframe for completing this new pending workload depends on a variety of factors. USCIS will be working to process applications as expeditiously as possible while maintaining program integrity and customer service. Our aim is to complete all applications received by the end of next year before the end of 2016, consistent with our target processing time of completing review of applications within approximately one year of receipt. In addition, USCIS will provide each applicant with notification of receipt of their application within 60 days of receiving it.
Q5: Will USCIS need to expand its workforce and/or seek appropriated funds to implement these new initiatives?
A5: USCIS will need to adjust its staffing to sufficiently address this new workload. Any hiring will be funded through application fees rather than appropriated funds.
Q6: Will the processing of other applications and petitions (such as family-based petitions and green card applications) be delayed?
A6: USCIS is working hard to build capacity and increase staffing to begin accepting requests and applications for the initiatives. We will monitor resources and capacity very closely, and we will keep the public and all of our stakeholders informed as this process develops over the course of the coming months. 
Q7: What security checks and anti-fraud efforts will USCIS conduct to identify individuals requesting deferred action who have criminal backgrounds or who otherwise pose a public safety threat or national security risk?
A7: USCIS is committed to maintaining the security and integrity of the immigration system. Individuals seeking deferred action relief under these new initiatives will undergo thorough background checks, including but not limited to 10-print fingerprint, primary name, and alias name checks against databases maintained by DHS and other federal government agencies. These checks are designed to identify individuals who may pose a national security or public safety threat, have a criminal background, have perpetrated fraud, or who may be otherwise ineligible to request deferred action. No individual will be granted relief without passing these background checks.
In addition, USCIS will conduct an individual review of each case. USCIS officers are trained to identify indicators of fraud, including fraudulent documents. As with other immigration requests, all applicants will be warned that knowingly misrepresenting or failing to disclose facts will subject them to criminal prosecution and possible removal from the United States.
Q8: What if someone’s case is denied or they fail to pass a background check?
A8: Individuals who knowingly make a misrepresentation, or knowingly fail to disclose facts, in an effort to obtain deferred action or work authorization through this process will not receive favorable consideration for deferred action. In addition, USCIS will apply its current policy governing the referral of individual cases to Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear before an immigration judge. If the background check or other information uncovered during the review of a request for deferred action indicates that an individual’s presence in the United States threatens public safety or national security, USCIS will deny the request and refer the matter for criminal investigation and possible removal by ICE, consistent with existing processes.  
Q9: If I currently have DACA, will I need to do anything to receive the third year of deferred action and work authorization provided by the executive initiatives?
A9: The new three-year work authorization timeframe will be applied for applications currently pending and those received after the President’s announcement. Work authorizations already issued for a two-year period under the current guidelines will continue to be valid through the validity period indicated on the card. USCIS is exploring means to extend previously issued two-year work authorization renewals to the new three-year period.
Q10: Will the information I share in my request for consideration of deferred action be used for immigration enforcement purposes?
A10: Information provided in your request is protected from disclosure to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless you meet the criteria for the issuance of a Notice to Appear or a referral to ICE under the criteria set forth in USCIS’ Notice to Appear guidance. Individuals who are granted deferred action will not be referred to ICE. The information may be shared, however, with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including:
  • Assisting in the consideration of the deferred action request;
  • To identify or prevent fraudulent claims;
  • For national security purposes; or
  • For the investigation or prosecution of a criminal offense. 
This policy covers family members and guardians, in addition to you.
Q11: What is USCIS doing to assist dependents of U.S. armed services personnel?
A11: USCIS is working with the Department of Defense to determine how to expand parole authorization to dependents of certain individuals enlisting or enlisted in the U.S. armed services. For information on the existing parole-in-place policy for military personnel, please read this policy memorandum.

Glossary

  • Continuous residence: For a detailed explanation, go to the USCIS Policy Manual, Chapter 3: Continuous Residence.
  • DACA: Deferred Action for Childhood Arrivals, a program launched in 2012. For more information, go to the Consideration of Deferred Action for Childhood Arrivals (DACA)page.
  • Deferred action: A use of prosecutorial discretion to not remove an individual from the country for a set period of time, unless the deferred action is terminated for some reason. Deferred action is determined on a case-by-case basis and only establishes lawful presence but does not provide immigration status or benefits of any kind. DACA is one type of deferred action.
  • Prosecutorial discretion: The legal authority to choose whether or not to take action against an individual for committing an offense.
  • Provisional waiver: Waiver for individuals who are otherwise inadmissible due to more than 180 days of unlawful presence in the United States, based on a showing of extreme hardship to certain U.S. citizen or lawful permanent resident family members, which allows the individual to return after departure for an immigrant visa interview at a U.S. embassy or consulate. For more information, go to the Provisional Unlawful Presence Waivers page.
You can find definitions of other terms used on our website in Glossary of Terms.

Saturday, 8 November 2014

Recapture PLUS 7th Year H-1B Extension? YES, YOU CAN!

Recapture PLUS 7th Year H-1B Extension? YES, YOU CAN!

13AUG
A question was recently posed to me concerning an H-1B, 7th year extension, but there was a little twist involved:
What if I still have time left before the end of my 6th year on H-1B, can my employer request the 7th year extension in anticipation that the filed Labor Certification will still be pending at that time?
 The answer is YES.
As many of you probably know, the period a foreign worker can work on H-1B is 6 years. Under the American Competitiveness in the Twenty-First Century Act, also known as AC-21, a beneficiary’s H-1B status can be extended beyond the 6th year in either 1 or 3 year increments.  Under AC21 §106(a), a foreign worker can obtain an extension of H-1B status beyond the 6- year limit maximum period, when:
  • 365 days or more have passed since the filing of the application for labor certification… that is required or used by the alien to obtain status as an EB immigrant, or
  • 365 days or more have passed since the filing of an EB immigrant petition.
But, what if a situation arises as above? The exact scenario is this:
Current H-1B is set to expire on February 2015, but 6th year on H-1B does not end until December 2015. Perm Labor Certification now filed. Employer wants to submit a combined extension request for the remaining time left on the initial 6-year period plus the 1-year extension (for an end date of December 2016).
 In a 2005 interoffice memorandum issued by USCIS, the following question was posed:
When an alien would otherwise be eligible for an H-1B extension, is it necessary to first file a Form I-129 requesting an extension of time to allow the beneficiary to complete or nearly complete the initial 6 years, and then file an additional Form I-129 requesting an extension beyond the 6 years?
 Answer: NO…Once the requirements have been met, the alien may be granted an extension beyond the 6-year limit on or prior to the date the alien reaches the 6-year maximum. Such extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
So, although the extension can only be processed in 1-year increments under §106(a), USCIS prefers that an extension request be combined for any remaining time left on the initial 6-year period plus the 1-year extension. If applied to the scenario provided above, it works perfectly: Combined extension request for the remaining time left on the initial 6-year period from February 2015 to December 2015 plus the extension request for the 1- year (7th year) extension (based on the pending Labor Certification). Therefore, the requested end date will be December 2016.
This not only saves the employer from the hassle of filing 2 extension requests, but it also decreases the workload for USCIS.