似乎近来这个计划又搬出来,希望140 EAD 能早日通过。有时间可以看一下下面的链接 https://www.whitehouse.gov/sites/default/files/docs/final_visa_modernization _report1.pdf 下面是来自08/15/2015 http://www.immigration-law.com/XXIV.html 08/18/2015: Increasing Tension and Conflict Between Employers and Certain Foreign Workers as Triggered by Obama Legal Immigration System Modernization Plan Obama Administration released in July 2015 legal immigration modernization plans, which include the following: "Further increase job flexibility by enabling individuals whose employment- sponsored immigrant visa petitions have been approved for more than one year to retain eligibility for LPR status despite the petitioning employer closing its business or seeking to withdraw the approved petition" The plan involves expansion of current approved I-140 portability to those foreign workers whose I-140 has been approved. The plan proposes change of employment without affecting the approved I-140 petition one year after the time when the I-140 is approved. Currently, portability of the approved I- 140 is available only to those who have filed I-485 application and six month passes. Reactions of the employers appear to create certain groups of employers. One group is to oppose such immigration reform and lobby against such reform behind the scenes. The second group is those employers who are preparing themselves against the inevitable forthcoming changes and to protect their interest against the foreign worker employees. The third group is to support such reform and take advantage of employment of foreign workers without restrictions and indefinitely without wage restrictions and without the restrictive and expensive L-1 and H-1B visa rules. Since employers are in business, no one can blame them for their actions to protect their business interests. The first group's interest could be to keep the needed foreign workers under their total control outside of the competitive labor markets of the talented foreign workers. For this group, there is nothing the foreign workers can do about it other than their increasing political lobbies. The second group is more or less conceding the inevitability of the forthcoming changes and starts to prepare themselves and try to work out legal option to minimize the damage from such changes. This is lately more and more visible in the form of their legal protection by demanding change of employment contract with added penalty for leaving job. They provide for either punitive damage or liquidated damage from the departing employees in the employment contracts. Majority of the employers may belong to this group, more and more so in the future. However, under the law, there is a limit which employers can go to protect their interest in the form of employment contracts. In most cases, courts will not allow punitive damages and their focus will be limited to claim of liquidated damage in the law of employment contract. However, even liquidated damages, there is a limit the courts usually impose. When it comes to any claims under the immigration laws, employers do not have much legal claims. Under the circumstances, it is time that both employers and employees should start seeking counsel from contract lawyers to learn their options available under the law. The third group sponsors PERM applications and I-140 petitions en masse to reduce the number of their foreign workers in L-1 or H-1B visa statuses using portability of the approved I-140 petitions. This group will be successful in two fronts. One is to overcome current H-1B and L-1B laws that penalize employers hiring a large number of H-1B and L-1B employee in many different ways. The other is to control wages since such employees working EAD will not be subject to any requirement of prevailing wages. So far, so good. One huge problem is that such employers expose their talented employees to competitive businesses since I-140 approved employees can go into the open and free labor market without any restriction after one year of I-140 approval. All in all, this is the time for both employers and foreign workers to review their options that are available to them under the law before the changes set in with the "modernized" employment-based immigration system.
【在 N*********9 的大作中提到】 : 似乎近来这个计划又搬出来,希望140 EAD 能早日通过。有时间可以看一下下面的链接 : https://www.whitehouse.gov/sites/default/files/docs/final_visa_modernization : _report1.pdf : 下面是来自08/15/2015 http://www.immigration-law.com/XXIV.html : 08/18/2015: Increasing Tension and Conflict Between Employers and Certain : Foreign Workers as Triggered by Obama Legal Immigration System Modernization : Plan : Obama Administration released in July 2015 legal immigration modernization : plans, which include the following: : "Further increase job flexibility by enabling individuals whose employment-