President’s Executive Actions on Immigration

On November 20, 2014, President Obama announced a series of immigration initiatives that could become effective as early as in the next 3 to 6 months. More than 4.5 million individuals potentially may stand to benefit from these long-awaited Executive Actions, including recipients of Deferred Action for Childhood Arrivals (DACA) program. These initiatives will allow eligible individuals to stay temporarily in the United States without fear of deportation. In exchange for enjoying these benefits, eligible individuals must meet the specific requirements of each initiative such as residing in the United States since January 1, 2010, passing a criminal background checks, and paying taxes.

Some of the other major initiatives include:

• Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program and extending the period of DACA work authorization to three years: This initiative eliminates the upper age restriction established by DACA. Now, the individuals born prior to June 15, 1981 will also be eligible to apply for the Deferred Action for Childhood Arrivals (DACA) program. USCIS plans to accept expanded DACA applications approximately 90 days following the President’s announcement.

• Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization: United States Citizenship & Immigration Services (USCIS) plans to start processing applications to request deferred action and employment authorization for parents of U.S. citizens and lawful permanent residents approximately 180 days following President’s announcement. Eligible applicants are those who have continuously resided in the United States since January 1, 2010, are parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014, and are not enforcement priority for removal from the U.S.

• Improving employment-based immigrant visa programs: This plan aims to refine current employment-based program by expanding advance parole to certain entrepreneurs, inventors, and researchers. Spouses of certain H-1B visa holders will also enjoy the benefits of an improved program by having access to work authorization. This updated employment-based immigrant program additionally plans to clarify and integrate the L-1B program in order to improve consistency in adjudications.   USCIS is still waiting for necessary guidance and regulations in order to provide an approximate time to begin receiving applications. Finally, USCIS will address backlogs in the visa availability for green card cases filed under employment-based (EB) category. As law sets the visa numbers, it cannot be increased by an executive action so the intent of the executive action is to allow filing of adjustment of status applications prior to availability of visa number to an individual.  Additionally, the President has directed USCIS to provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility by clarifying the definition of ‘same or similar’ occupation.

• Expanding the use of provisional waivers of unlawful presence: This initiative allows the spouses, sons or daughters of lawful permanent residents and U.S. citizens to get a waiver if a visa is available. USCIS has not released an estimated time when the agency will start accepting applications since it is still waiting for necessary guidance and regulations.

• Promoting citizenship education and public awareness: This initiative will allow naturalization applicants to use credit cards to pay the application fee and assess potential for partial fee waivers. This initiative will become effective in 2015.

Millions of hard-working individuals are celebrating this news and look forward to sending their applications and start enjoying its benefits. Although USCIS is not accepting applications at this time, eligible applicants can begin preparing basic documentation to establish identity, relationship to a U.S. citizen or lawful permanent resident and continuous residence in the United States over the last 5 years or more.

The changes being implemented would address most of the issues faced by those eligible to benefit from it. We will continue to monitor developments at this front and will be happy to provide additional details to our readers, as these are made available to us.