the immigration reform

Understanding the immigration reform

A quick introduction to grasp what you never asked

Immigration Reform?

The

S.744 bill 01/28/2013

• Charles Schumer of New York

• Dick Durbin of Illinois

• Bob Menendez of New Jersey

• Michael Bennet of Colorado

• John McCain of Arizona

• Lindsey Graham of South Carolina

• Marco Rubio of Florida

• Jeff Flake of Arizona

D

R

Comprehensive Immigration Reform

.

The Executive Action can’t be “comprehensive”

(but we’ll get back to that)

S.744

Border Security Immigrant Visas

Interior Enforcement

Non-Immigrant Visa Reform Jobs for Youth

S.744

Border Security

S.744

Border Security Immigrant Visas

Interior Enforcement

Non-Immigrant Visa Reform Jobs for Youth

S.744

Jobs for Youth

S.744

Border Security Immigrant Visas

Interior Enforcement

Non-Immigrant Visa Reform Jobs for Youth

S.744

Interior Enforcement

S.744

Border Security Immigrant Visas

Interior Enforcement

Non-Immigrant Visa Reform Jobs for Youth

S.744

Immigrant Visas“Earned legalization”

S.744

Immigrant Visas

• 120,000 to 250,000 per year • 2 tiers given each 50%

S.744

Immigrant Visas

• “Track-two” • Eliminating backlog within 7 years • Still “merit-based”

S.744

Immigrant Visas

• Easier for immediate relatives • Harder for non-immediate relatives • Eliminating backlog + making room

for merit-based visas

S.744

Immigrant Visas

• No cap for STEM fields! • No labor certification either! • No country cap (backlog-killer)

S.744

Immigrant Visas

+ Integration of new immigrants !+ Less-skilled W visa agricultural worker program + Some other visa changes

S.744

Border Security Immigrant Visas

Interior Enforcement

Non-Immigrant Visa Reform Jobs for Youth

S.744

Non-Immigrant Visa Reform

• H1B cap raised to 115k-180k! \o/ • Higher wage calculation • Good-faith recruitment of US workers • 50% non-immigrant visas maximum • Easier to change job for H1Bs;

“harder” for L1s

S.744

Non-Immigrant Visa Reform

• Investor’s visa (X visa) for entrepreneurs • $100k investment • or 3 jobs /2yrs, and $250k revenue /yr

• Investor’s immigrant visa (EB-6) • significant ownership + role • 5 jobs + $500k investment • or 5 jobs + $750k revenue /yr for 2 yrs

S.744

Non-Immigrant Visa Reform

• Unilateral approach to W less-skilled visa • Dual-intent for F-1 students • Non-immigrant retiree visa (> 55yrs with $500,000) • …

S.744

Border Security Immigrant Visas

Interior Enforcement

Non-Immigrant Visa Reform Jobs for Youth

What then?

What is an Executive Action?

Federal government

Legislative branch

Executive branch

Judicial branch

?

SpecsDetails

+ execution Screw-ups

!

A comprehensive

reform !!!!!!

Executive Action

Abuse of power?Gang of Eight’s S.744 bill.

Comprehensive is possible. Obama says: “I won’t, would be abuse of power”

Congress blocks reform.Obama says: “let’s wait for mid-terms”

Obama says: “Oh well, I’ll do it”

Mid-terms: Reps everywhere

Congress:

Federal government

Legislative branch

Executive branch

Judicial branch

Specs + budget

Details + execution Screw-ups

What’s in this Executive Action?

This Executive Action

Border Security / Interior Enforcement

Immigration:clarifications & optimizations

Promoting Naturalization

Deferred Actions / Provisional Waiver

This Executive Action

Deferred Actions / Provisional Waiver

First: • What is Deferred Action? • What is Provisional Waiver? • Also, what is Parole?

Parole-in-place?

This Executive Action

Deferred Actions / Provisional Waiver

• Illegal immigrants who were here as children, and have been here a long enough time.

• Illegal immigrants who are parents of legal residents.

• But, MUST register.

This Executive Action

Border Security / Interior Enforcement

Immigration:clarifications & optimizations

Promoting Naturalization

Deferred Actions / Provisional Waiver

This Executive Action

Border Security / Interior Enforcement

• More focus on actual felons, rather than families (tiers).

• “Secure Communities” (police cooperation program) discontinued —> “Priority Enforcement Program”

• HR reform for Custom Enforcement officers.

This Executive Action

Border Security / Interior Enforcement

Immigration:clarifications & optimizations

Promoting Naturalization

Deferred Actions / Provisional Waiver

This Executive Action

Promoting Naturalization

This Executive Action

Border Security / Interior Enforcement

Immigration:clarifications & optimizations

Promoting Naturalization

Deferred Actions / Provisional Waiver

This Executive Action

Immigration:clarifications & optimizations

• Optional Pratical Training for F-1’s (12 months on US job, 29 if STEM)

This Executive Action

Immigration:clarifications & optimizations

• Deferred action and parole for families of citizens or lawful residents seeking to serve in the US military.

• Reuse of the notion of “significant public benefit”.

This Executive Action

Immigration:clarifications & optimizations

• Work auth for H-1B spouses with pending sponsored GC.

• Optimizing unused quotas. • Better communication about when to

apply for current quotas.

This Executive Action

Immigration:clarifications & optimizations

• L-1B: clarification over “specialized knowledge”. • Easier job movement when in GC process.

This Executive Action

Immigration:clarifications & optimizations

• Reuse of the “national-interest waiver” Green Card for economical interests (clearly for start-ups). To be clarified.

• Reuse of the “significant public benefit”, giving parole to well-funded R&D entrepreneurs by US investors.

This Executive Action

Border Security / Interior Enforcement

Immigration:clarifications & optimizations

Promoting Naturalization

Deferred Actions / Provisional Waiver

What’s next?

• Feb 18th: new DACA submissions (and more new application dates within 2015)

• Budget to be voted by Feb 27th: government shutdown?

• House of Representatives’ vote on immigration reform: maybe, someday…

Questions?