我们公司律师对EO的解读。# EB23 - 劳工卡
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今天公司发信，解读EO及其影响。公司全球有20万人，大量外国人在美国工作，有自己
的Law Firm，所以希望解读靠谱。供参考。
The wait for executive action on immigration is finally over. President
Obama has acted, and it is estimated that the changes his Administration
will make will impact nearly five million people. It is too early to
determine the impact of the expected actions, however based on the
information provided by the White House we are expecting the following:
•Ability to File Adjustment of Status Applications Earlier -
Workers with approved I-140 Immigrant Petitions who are waiting for their
priority dates to become current will be permitted to "pre-register" for
Adjustment of Status (final stage of the green card), so they can obtain
EADs (Employment Authorization Documents that are not employer-specific).
The I-140 is the filing that can be done right after the first stage of the
most common US permanent residence process -after approval by the Labor
Department of the PERM Labor Certification, or labor market testing.
However, even after the I-140 approval, people from the most populous
countries - including China and India and others - often have to wait years
in continued H-1B status, without the benefits of permanent residence, due
to per country limits (reflected in "priority date" backlogs) that prevent
them from filing the final stage of the green card process.
•H-4 Spousal Employment - Spouses of H-1B workers with
approved I-140 Immigrant Petitions can get work authorization. This rule has
been long awaited and is soon to be put into regulation.
•Expansion of STEM OPT - The STEM category for OPT (recent
grads) will be expanded to include a wider range of degrees, and the length
of STEM-OPT extensions will increase beyond the current maximum of 29 months
.
•L-1 Specialized Knowledge Memorandum - L-1B standards may be
set forth to provide clear adjudication standards
•PERM reform - The Department of Labor will be holding
listening sessions for companies on PERM and a variety of issues
的Law Firm，所以希望解读靠谱。供参考。
The wait for executive action on immigration is finally over. President
Obama has acted, and it is estimated that the changes his Administration
will make will impact nearly five million people. It is too early to
determine the impact of the expected actions, however based on the
information provided by the White House we are expecting the following:
•Ability to File Adjustment of Status Applications Earlier -
Workers with approved I-140 Immigrant Petitions who are waiting for their
priority dates to become current will be permitted to "pre-register" for
Adjustment of Status (final stage of the green card), so they can obtain
EADs (Employment Authorization Documents that are not employer-specific).
The I-140 is the filing that can be done right after the first stage of the
most common US permanent residence process -after approval by the Labor
Department of the PERM Labor Certification, or labor market testing.
However, even after the I-140 approval, people from the most populous
countries - including China and India and others - often have to wait years
in continued H-1B status, without the benefits of permanent residence, due
to per country limits (reflected in "priority date" backlogs) that prevent
them from filing the final stage of the green card process.
•H-4 Spousal Employment - Spouses of H-1B workers with
approved I-140 Immigrant Petitions can get work authorization. This rule has
been long awaited and is soon to be put into regulation.
•Expansion of STEM OPT - The STEM category for OPT (recent
grads) will be expanded to include a wider range of degrees, and the length
of STEM-OPT extensions will increase beyond the current maximum of 29 months
.
•L-1 Specialized Knowledge Memorandum - L-1B standards may be
set forth to provide clear adjudication standards
•PERM reform - The Department of Labor will be holding
listening sessions for companies on PERM and a variety of issues
