Leaked Admin Fix memo

[meetpravee]

An internal USCIS memo weighing the options for admin fixes is leaked to the press yesterday. DHS calls it admin fix memo, conservatives call it amnesty memo.

http://www.propublica.org/documents/item/memo-on-alternatives-to-comprehensive-immigration-reform

For legal immigrants, provisions for traveling without advance parole, work authorisation for H4's, temporary extension of EAD upto 240 days when an application to renew EAD is submitted are under consideration. There seems to be a great focus on EB5 visas, but the memo doesn't detail how rules for this category will be modified.

Politico article on the same topic.
http://www.politico.com/news/stories/0710/40475.html

[belmontboy]

An internal USCIS memo weighing the options for admin fixes is leaked to the press yesterday. DHS calls it admin fix memo, conservatives call it amnesty memo.

Memo on Alternatives to Comprehensive Immigration Reform - ProPublica (http://www.propublica.org/documents/item/memo-on-alternatives-to-comprehensive-immigration-reform)

For legal immigrants, provisions for traveling without advance parole, work authorisation for H4's, temporary extension of EAD upto 240 days when an application to renew EAD is submitted are under consideration. There seems to be a great focus on EB5 visas, but the memo doesn't detail how rules for this category will be modified.

Politico article on the same topic.
GOP seizes on immigration memo - Scott Wong - POLITICO.com (http://www.politico.com/news/stories/0710/40475.html)

"Extend employment authorization of H-4 dependent spouses of H1-B principals where the principals are also applicants for lawful permanent residence under AC21" - Is this applicable for all H1-B's irrespective of their GC status or only those who have filed I-485????

[joydiptac]

"Extend employment authorization of H-4 dependent spouses of H1-B principals where the principals are also applicants for lawful permanent residence under AC21" - Is this applicable for all H1-B's irrespective of their GC status or only those who have filed I-485????

For EB candidates the thing of prime importance is relaxing the EAD restrictions, on same or similar employment. So a developer has to remain a developer for 35 years - the time it takes to get a EB3 GC? That is what is really unfair!:mad:

Wonder if this can be done without legislation?

[maddipati1]

Page 6 ----------------------------------------


3. Extend employment authorization to H-4 dependent .spouses of H-I B principals where
the principals are also applicants for lawful permanent residence .under AC 21.

USCIS Senior Leaders have A L R E A D Y A P P R O V E D this course of action; it is therefore recommended in the context of identifying administrative relief options that their decision be communicated to the Department of Homeland Security and to the White House. Implementation

Method: Notice of Proposed Rule making (NPRM).

DRAFT·- Immigration Administrative Relief Options
Resources/Considerations: Coordinate with DHS Policy and White House prior to rule drafting.
uscis systems (CLAIMS, etc.) will need to be modified 10 accommodate EADs for this group of H-4s.
Target Date: Minimum of 12 months to issue final rule.


Correction: not so G R E A T N E W S

[maddipati1]

Page 4 ----------------------------------------

3. Amend the Unlawful Presence Policy for Adjustment Applicants Under current USCIS interpretation, an adjustment applicant who departs the United States and returns on advance parole authorization triggers the 3-year or I O·year bar unlawful presence
ground of inadmissibility.

Because USCIS generally issues advance parole for adjustment applicants liberally and the fee for the advance parole document is now included with the fee for adjustment of status, the public perceives that 1) USCIS authorizes the departure of such alien and 2) USCIS deceives individuals into triggering their own inadmissibility.
To address these issues, CIS is currently examining the feasibility of policy options so that individuals would not be deemed to have triggered the bar upon departure with prior
authorization from DHS. The options include possibilities reexamining past interpretations of terms such as "departure" and "seeking admission again" within the context of unlawful
presence and adjustment of status.

Implementation Method: Interim Policy Guidance; Rule making
Resources/Considerations: Coordination with DHS.
Target Date: September/October 2010 (Policy Guidance); June/July 2011 (Rule making)]


Page 6 ----------------------------------------


2. Expand the Dual Intent Doctrine

Most non-immigrants who apply for adjustment of status are presumed to be intending
immigrants and are no longer eligible to maintain non-immigrant status. Section 214(h) of the Act permits H-I temporary workers in specialty occupations, L-J intra-company managerial or executive transferees, and their spouses and children to maintain their non-immigrant status while their adjustment applications are pending.

USCIS should consider expanding the dual intent concept to cover other long-term non-immigrants, including F, 0 , TN, P, and E visa holders. These long-term non-immigrants often need to make short overseas travels during their authorized stay. Under the "dual intent doctrine, these non-immigrants would be able to maintain valid non-immigrant status and travel overseas without advance parole while their adjustment applications are pending. They would also be allowed to maintain their non-immigrant status if USCIS denies their adjustment applications.

Implementation Method. : NPRM
Resources/Considerations: Coordinate with other DHS components and DHS head quarters as well as the Department of Slate.
Target Date: Minimum of 12 months to issue final rule.

[maddipati1]

Page 7 ---------------------------


4. Expand existing "grace periods" 10 depart the U.S. for E- I, E-2, E-3, H-1B, H-1B1, H-
2B, H·3, 1..-1, 0-1, 0-2, P· I, P-l , 1'-3, Q, R, and TN workers and their dependents.

Non-immigrant workers whose period of employment authorization has expired should be
afforded a reasonable period of lime to conclude their affairs and leave the U.S. The current 10 day "grace period" for departure is insufficient and should be expanded by regulation to permit between 30-90 days for departure depending on employment category and length time the individual has been authorized to work in the U.S. Proposed H·2A regulations recognize this problem and include a 30-day period of authorized stay after the H·2A employment period expires.

Implementation Method: NPRM
Resources/Considerations: Coordinate within other DHS components.
Target Date: Minimum of 12 months to issue final rule.

[belmontboy]

Page 6 ----------------------------------------


3. Extend employment authorization to H-4 dependent .spouses of H-I B principals where
the principals are also applicants for lawful permanent residence .under AC 21.

USCIS Senior Leaders have A L R E A D Y A P P R O V E D this course of action; it is therefore recommended in the context of identifying administrative relief options that their decision be communicated to the Department of Homeland Security and to the White House. Implementation

Method: Notice of Proposed Rule making (NPRM).

DRAFT·- Immigration Administrative Relief Options
Resources/Considerations: Coordinate with DHS Policy and White House prior to rule drafting.
uscis systems (CLAIMS, etc.) will need to be modified 10 accommodate EADs for this group of H-4s.
Target Date: Minimum of 12 months to issue final rule.


G R E A T N E W S, for non EAD H1 families.

i wish they had this basic sense when my wife was suffering due to lack of this rule.

is this for all H1 folks ?

[maddipati1]

Page 7 ---------------------------

I. Expand the Availability of Premium Processing Service
Expand availability of premium processing service to additional employment-based
classifications (specify which ones need to be added, to include applications to change or extend non-immigrant status, applications for employment authorization and advance parole. and all employment·based immigrant petitions

We have no backlogs now. and we can do it operationally.


implementation Method: Federal Register Notice (for classifications not previously designated as eligible for Premium Processing Service). and website posting and update to "turn on" Premium Processing Service availability for classifications previously designated by Federal
Register Notice as eligible for Premium Processing Serl'ice. .
ReSQurcesICons iderpti ons:
Targel Date: Immediate for classifications previously designated as eligible for Premium
Processing Service. For classifications which have not been previously designated, a Federal
Register Notice will need to be published, which could take 60-90 days .


Great strategy CIS fuckers!! way to go!! Delay EAD processing and then introduce PP

[maddipati1]

Page 8 ------------------------------------

3. Automatic Extension or Employment Authorization Documents (EADs)
Permit all automatic extension of EADs for up to 240 days when an application 10 extend the
EAD has been filed prior to its expiration. We currently permit this for non-immigrant worker
visa petitions. (SCOPS)

Implementation Method: No rule making required. Operational changes will be necessary to
implement.
Resources/Considerations: Coordinate with DHS and conduct outreach with stakeholders.
DRAFT -- Immigration Administrative Relief Options

Target Date: 60 to 90 days.

[weasley]

3. Extend employment authorization to H-4 dependent .spouses of H-I B principals where
the principals are also applicants for lawful permanent residence .under AC 21.

I think this means spouses who are on H4 and could not file I 485 along with principal applicants.


is this for all H1 folks ?

[maddipati1]

I guess PERM should be filed. these fuckers make it so goddam complicated and difficult :(

is this for all H1 folks ?

[gk_2000]

I guess PERM should be filed. these fuckers make it so goddam complicated and difficult :(

Actually worse than that: for AC21 you should have 485 applied :mad:

[snathan]

Actually worse than that: for AC21 you should have 485 applied :mad:

When you apply the AC21...you get the EAD and whats the use of this fix. Spouse name is added only during the I-485. So the derivative of the primary applicant is ruled out if the I-485 is not filed for the spouse and you do not need the H4 work authorization if the I-485 is filed.

[anu_t]

H4- work autharization will be great for H4 people.
or is this those people whose primary applicant has already applied for 485 but couldn't add dependent for some reason.

[furiouspride]

H4- work autharization will be great for H4 people.
or is this those people whose primary applicant has already applied for 485 but couldn't add dependent for some reason.
that is what it seems to be as of now. ridiculous if true.

[gk_2000]

When you apply the AC21...you get the EAD and whats the use of this fix. Spouse name is added only during the I-485. So the derivative of the primary applicant is ruled out if the I-485 is not filed for the spouse and you do not need the H4 work authorization if the I-485 is filed.

That's the sad joke as I get it, from earlier posts here, that it's for people for whom dependent spouse missed filing 485. Hope it is wrong

[roseball]

That's the sad joke as I get it, from earlier posts here, that it's for people for whom dependent spouse missed filing 485. Hope it is wrong

AC21 also applies to people who could not file I-485 due to PD not being current. The benefit of getting a 3 yr H1 extension or 1 yr H1 extension on the basis of PERM pending for more than a year were introduced by AC21. So I would guess this interim admin fix of H4s getting employment authorization would be applicable atleast for people with approved I-140s.

[sundarpn]

Any update from the IV core team on this so called leaked memo? thx

[immig4me]

Grassley and buddies are collecting signatures of members of congress who are all in opposition of this administrative fix and sending it to the Pres warning him not to implement this memo. What happens to this memo is a toss up now....

My 2 cents...

[pappu]

Any update from the IV core team on this so called leaked memo? thx

It was already posted on a similar thread few days ago. We cannot post anything more than what we posted on a public forum.

[sasidhar79]

what about filing I-485 for spouse when the primary applicant's i-485 is pending and Priority Date is not current?

any chance of achieving that? I am sure there many applicants who would like to see that passed.

thank you

sasi

[looivy]

what about filing I-485 for spouse when the primary applicant's i-485 is pending and Priority Date is not current?

any chance of achieving that? I am sure there many applicants who would like to see that passed.

thank you

sasi

Check Pappu's thread

http://immigrationvoice.org/forum/forum14-members-forum/1599353-did-you-miss-i485-filing-in-july-2007-gather-here.html

[yabayaba]

UPDATE: USCIS has released a statement on the memo:

Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation’s immigration challenges.

Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS — nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation’s entire illegal immigrant population.

[LegalIndianInUSA]

UPDATE: USCIS has released a statement on the memo:


source ?

[ravi98]

what happened to this memo? any updates?

[spicy_guy]

Immigrants' List (http://www.immigrantslist.org/hall_of_shame)

[new_horizon]

Except for a couple of people in the list, the rest are all opponents of illegals/undocumented. I don't think we have to waste our energy supporting that org.

[Student with no hopes]

Why are the democrats so afraid?? A bunch of conservatives make noise and the democrats just shush up ..... no fights at all. Why cant they stand up for their principles? Republicans stand by theirs whether it is right or wrong/make sense or not/its good for the country or not...

No memos :mad:
No Legislation :mad:
No Administrative fixes :mad:
No Executive orders :mad:
No help at all for the legal immigrants :mad: :mad: :mad:

[DudefromBombay]

Democrats are pussies. They don't care much about legal immigrants.

[cbpds]

Right !! and they just proved it by increasing $2000 for H1 visas !!

No one cares, we are on our own since we dont have a (say)vote !!

Democrats are pussies. They don't care much about legal immigrants.

[shouldIwait]

Can you post a link to that "earlier" thread as I can't find it ?