For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
Dear Rajiv,
I finally got my approval emails today. My green card story started way back in September 2002, when I sent an email along with my CV to Rajiv one late evening. To my surprise the very next morning I got an email from his office indicating that Rajiv would like to talk about the case and we were on the phone within the next 30 minutes. Rajiv was very polite and courteous and suggested that my application will be best suited for the EB1-EA category. Within couple of hours I received an email with paperwork to sign a retainer and details about the documents I will need to file the application. I must say that the list was extremely long, but again this kind of a detail is what makes approval a breeze. My application was filed within two weeks after I had submitted all the documentation. Rajiv has excellent staff even for handling EB1-EA cases and one of his staff members wrote a 12 page cover letter which basically summarized the whole case in a point-wise manner. Couple of my friends have applied in this category using services from other attorneys and invariably I hear and see that they have to write their own cover letter in first person. In my case, the cover letter was by the Rajiv’s office and six major criteria’s were met by quoting reference letters and supporting documents. Needless to say that the I-140 approval came without any RFE. In 2003-2004, VSC was extremely slow in approving EB1-EA cases but as soon as my receipt date was reached, Rajiv’s office made several calls to VSC to check the status of my case and finally place an AILA request about the status of my application. My approval for I-140 came in Feb 2005, within three weeks of his request. An RFE was generated for my I-485 and here too, the response was nothing but prompt. I received the copy of my RFE via email and the response was submitted the day papers were received at Rajiv’s office. I finally got my approval within three weeks of the receipt of RFE by VSC.
Though this journey has been lengthy and painful, Rajiv and his staff has been with me every step of its way. I can guarantee that this practice is the BEST in the country.
Along with my GC application, Rajiv recently helped and advised two people, who work for me, about technicalities of H1B without charging any fee. This shows that Rajiv is an excellent human being. I whole heartedly recommend his practice for any immigration related services.
Keep up the good work