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.
Law offices of Rajiv S. Khanna has provided excellent service in getting my I-140 approved (EB1-OR) within a few months.
I have dealt with other law firms before and I have no hesitation in reserving the highest praise for the supporting staff and attorney Rajiv Khanna. Mr. Khanna has been very straightforward, understanding, committed,
and singularly knowledgeable.
Incredibly, he agreed to a consultation (where he reviewed my eligibility under this
category) even before I had hired his services !
EB1 has its own set of complex requirements for both the
candidate and the employer. I have been very impressed with the way Mr. Khanna could explain these and appeased the doubts/hesitation of my managers. I have found him to be very approachable, generous and always willing to help in just about every issue regarding my immigration and legal status in the US.
My case manager, Diane Lombardo, has been extremely patient, supportive and prompt in responding to my innumerable
queries. She was instrumental in preparing the petition very meticulously . Over the last several months I have
been amazed at her committment and helpfulness.
As I understand, EB1 cases are difficult and I believe Mr. Khanna and Diane Lombardo have used all their experience to handle this I-140 petition in the most professional and satisfactory manner.
Thank you very much to attorney Khanna and his team !