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Information Regarding Recent Executive Order

2014-11-21, BY WeGreened

President Obama has released an executive order/executive action relating to immigration reform. At this time, no changes have been made for employment-based green card applications.  For our clients, we will need to wait until the policies/regulations become effective before we can take any action. 

 Those with I-140 Approval and Priority Date Not Current

At this time we do not have specific details about this provision, but the idea is that those foreign nationals with approved I-140 petitions who are waiting for the priority date to become current could “obtain the benefits of a pending adjustment.” This change will be made via regulation.

What this means – These actions need to be taken via the regulatory process, which is often time-consuming.  There is no expected date for these changes to take place and there is no action that can be taken by individuals who will ultimately benefit from the regulations at this time.

This means that priority dates will not be affected in the near future by these changes.  If your priority date is not current, you will still be subject to the Visa Bulletin priority dates.  Once these changes are implemented, it is unclear what the form of the benefits will be, but we will certainly need to wait until the regulation is passed and becomes effective before we can take advantage of the process.  This may take many months and it is not possible to predict when these regulations will become effective at this time.

For clients with current priority dates, your situation has not changed

AC-21 Job Portability

The announcement also calls for expanding and clarifying the language of AC-21s “same or similar job” language to make it easier to distinguish what would classify as a same or similar job.  The announcement recognizes that the current guidance is unclear as to whether a job falls within the same or similar classification and calls for guidance to be released to more easily ensure that a job change is allowable.

Work Authorization for H-4 Spouses

If an H-1B holder has an approved I-140 or has been granted extension of his or her H-1B status beyond 6 years under AC-21, then the H-4 spouse may be eligible to receive work authorization under this proposed regulation.  Since this is a regulation, we cannot predict when this will exactly come into effect, but December/January seems to be the target date.

Please note that this regulation will not offer employment authorization for all H-4 visa holders.

  Expanded Guidance for National Interest Waivers

The executive announcement calls for policy guidance to be issued to better allow for National Interest Waivers to be available to entrepreneurs, researchers, inventors, and founders.  This will not need to be done via regulation, but the expected date of policy guidance to be released is unknownAt this time, there is no change for NIW petitions.

F-1 OPT & STEM

The executive announcement calls for the maximum amount of time for certain OPT and STEM graduates to be extended. This change is also to be done via regulation.  Please speak with your F-1 institution to see how the proposed changes may affect your status.

 

Q: I already filed my case. Will this affect my case or status?
A: As you can see above, there are multiple changes. At this time, it is not expected that these changes will negatively affect any of our clients’ filed cases. If there are changes that would benefit you, we will assist as soon as the framework is in place to do so. 

Q: I am still preparing for my case, is there anything changed?
A: Since it will take a while for the USCIS to release the guidelines for the changes, we suggest that you continue to prepare your cases as usual.


Please note that the information outlined above is based on the information currently available, which is subject to change going forward. We will post more information as it is available. 

At this time, please do NOT take any actions in preparation for the proposed changes listed above other than speaking with your international office about your OPT status. The details for the proposed changes have not been finalized or put into action yet, and at this time it is not prudent to begin preparing any documentation in advance of the proposed changes.

 

 


We are pleased to announce that North America Immigration Law Group has so far received over 7,500 EB-1A, EB-1B and EB-2 NIW I-140 approval notices. In 2015 and 2016, the approval rate is 97.9% for cases using our Approval or Refund® (money back guarantee) service and 96.9% for all cases.

Our approval rate is 99.6% for NIW petitions using our "Approval or Refund®" (money back guarantee) service and the overall approval rate for all NIW cases is 99.2%.

In terms of EB1A petitions, the approval rate is 96% for cases entitled to our "Approval or Refund®" (money back guarantee) service and the overall approval rate for all EB1A cases is 94.3%.

As one of the leading U.S. immigration law firms providing the most comprehensive services focusing on EB-1/NIW petitions, we are proud to maintain our high approval rates with a large volume of approved cases.

Our staff keeps close track of the latest immigration trends and regulations of USCIS (U.S. Citizenship and Immigration Services), decisions of AAO (Administrative Appeal Office) and judicial review opinions. The massive collected materials contribute to the most convincing arguments and winning strategies of our firm for EB1A, EB1B, and NIW petitions. If you are interested in filing the green card, please send your CV to law@wegreened.com for our free evaluation. Our attorneys will email you back with the evaluation result within 24 hours.


Approval Notices: http://www.wegreened.com/eb1_niw_approvals
 
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Website: www.wegreened.com
 
Free evaluation email: law@wegreened.com
 
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