You may already be aware that DHS has released the much-awaited “EAD for I-140 regulation”. On November 20, 2014, President Obama’s Executive Action on Immigration announced this fix as “Portable Work Authorization”. But the name of this proposed regulation is now “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled Nonimmigrant Workers”. This just sums up that the focus and purpose of this fix has shifted from “Portable Work Authorization” to “Retention of EB immigrants”.
We believe that immigration status is not an “employee retention tool”. It’s an outrage for anyone to suggest that immigration status be allowed as an “employee retention tool”.
There is a special interest (of immigration lawyers and companies) that lobby to keep the status quo to make sure that immigrant employees cannot change jobs, so companies can control & exploit immigrant workers, and discriminate against Americans. This is the dirty truth about skilled immigration that we know all too well living in the trenches.
Although fix for employment-based backlogs has to come from Congress, the Obama Administration recognized the severity of the issue in 2014 and agreed to do Administrative fixes to grant “Portable Work Authorization” and “Temporary status permission to travel abroad with advance permission (parole)”. However, this proposed regulation has not lived up to its promise. If this proposed regulation is not fixed before the final rule comes out, the system will choke our future and the future of our families.
This proposed regulation formalizes some existing procedures like keeping your priority date when changing employers – while watering down the primary “I-140 EAD” provision to the point where only a handful of people with “compelling circumstances” can avail of it. With our recent discussions with the Administration, we think that there might be a way to fix this god damn awful proposed regulation.
But we need your help to fix this proposed regulation. We need you to please step up to do your share so we all would be deserving of a change we aspire for. Going forward Immigration Voice is planning on actively engaging a lobbyist to help us create awareness.
We need your help with:
- Be ready to speak up against this proposed regulation to demand certain fair changes so the final regulation reflects “Portable Work Authorization” and “temporary status permission to travel abroad with advance permission (parole)”. In the coming days, we will provide suggestions for comments on the proposed regulation.
- Contribute to the community effort so we can hire a professional lobbyist. For this, we estimate a budget of twenty-one thousand dollars a month ($21,000/month). Our live donations tracker now reflects how close we are to our monthly goal. We ask you to start a recurring monthly donation to help us in this fight.
There is only one way to fix this issue, by actively engaging to create awareness for the fix. Rest assured, no system can fix itself unless people undergoing certain unfair treatment decide to speak up and do their fair share. Also, rest assured that special interest (of immigration lawyers and companies) will do everything to deny you the right to live free. And it is upon us to join hands and speak up in one voice to create awareness against this injustice to demand fairness.