Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comExecutive Order Regarding Immigration And What It Means For Your Business
Author: Dan Brecher|January 7, 2015
What Does the Executive Order Regarding Immigration Mean for Your Business?
Executive Order Regarding Immigration And What It Means For Your Business
What Does the Executive Order Regarding Immigration Mean for Your Business?
Amidst the political debate surrounding President Barack Obama’s executive order regarding immigration, many have overlooked how the new policies will impact U.S. businesses. In fact, there are several measures intended to help U.S. businesses hire and retain highly skilled workers and attract foreign entrepreneurs.
Below is a brief summary of several new policies and regulations, as outlined in a White House fact sheet:
Portable work authorization for high-skilled workers:
Under the current system, employees with approved Lawful Permanent Resident (LPR) applications often wait many years for their visas to become available. While workers can change jobs without jeopardizing their ability to become permanent residents, the new job must be in a “same or a similar” occupational classification as their old job. To allow these workers to move or change jobs more easily, the U.S. Citizenship and Immigration Services (USCIS) has been directed to issue a policy memorandum that provides additional agency guidance, bringing needed clarity to employees and their employers with respect to the types of job changes that constitute a “same or similar” job under current law.
Options for foreign entrepreneurs:
The Department of Homeland Security (DHS) plans to expand immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment, and generating revenue in the U.S. One of the most significant immigration reforms involves the “national interest waiver,” which permits certain non-citizens with advanced degrees or exceptional ability to seek green cards without employer sponsorship if their admission is in the national interest. To promote greater use of the program, the USCIS has been instructed to issue regulations to clarify the standard by which a national interest waiver can be granted. In addition, the USCIS must also propose a program that will permit DHS to grant parole status, on a case-by-case basis, to inventors, researchers, and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research. The criteria will include income thresholds so that these individuals are not eligible for certain public benefits like welfare or tax credits under the Affordable Care Act.
Streamlined L-1 visa process for foreign workers and their employers:
The DHS plans to clarify its guidance on temporary L-1 visas for foreign workers who transfer from a company’s foreign office to its U.S. office. In a memo to the USCIS, the DPH acknowledges that while the visa program is an essential tool for multinational companies, vague guidance and inconsistent interpretation of the term “specialized knowledge” in adjudicating L-1B visa petitions has created uncertainty for these companies. Accordingly, the agency directs the USCIS to issue a policy memorandum that provides clear, consolidated guidance on the meaning of “specialized knowledge.”
Extended on-the-job training for STEM graduates:
The executive order regarding immigration also seeks to strengthen educational experiences of foreign students studying science, technology, engineering, and mathematics (STEM) at U.S. universities. To increase the likelihood that these graduates can remain in the U.S., the DHS will propose changes to expand and extend the use of the existing Optional Practical Training (OPT) program, under which graduates can pursue temporary employment in their fields of study.
We will be tracking the implementation of the executive order regarding immigration, and we encourage you to check back for updates.If you have any further concerns regarding executive order regarding immigration please visit the Official Website of the Department of Homeland Security.
Also, if you have any thoughts on the executive order regarding immigration and how it will impact your business, feel free to leave a comment below.
Executive Order Regarding Immigration And What It Means For Your Business
Author: Dan Brecher
Amidst the political debate surrounding President Barack Obama’s executive order regarding immigration, many have overlooked how the new policies will impact U.S. businesses. In fact, there are several measures intended to help U.S. businesses hire and retain highly skilled workers and attract foreign entrepreneurs.
Below is a brief summary of several new policies and regulations, as outlined in a White House fact sheet:
Portable work authorization for high-skilled workers:
Under the current system, employees with approved Lawful Permanent Resident (LPR) applications often wait many years for their visas to become available. While workers can change jobs without jeopardizing their ability to become permanent residents, the new job must be in a “same or a similar” occupational classification as their old job. To allow these workers to move or change jobs more easily, the U.S. Citizenship and Immigration Services (USCIS) has been directed to issue a policy memorandum that provides additional agency guidance, bringing needed clarity to employees and their employers with respect to the types of job changes that constitute a “same or similar” job under current law.
Options for foreign entrepreneurs:
The Department of Homeland Security (DHS) plans to expand immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment, and generating revenue in the U.S. One of the most significant immigration reforms involves the “national interest waiver,” which permits certain non-citizens with advanced degrees or exceptional ability to seek green cards without employer sponsorship if their admission is in the national interest. To promote greater use of the program, the USCIS has been instructed to issue regulations to clarify the standard by which a national interest waiver can be granted. In addition, the USCIS must also propose a program that will permit DHS to grant parole status, on a case-by-case basis, to inventors, researchers, and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research. The criteria will include income thresholds so that these individuals are not eligible for certain public benefits like welfare or tax credits under the Affordable Care Act.
Streamlined L-1 visa process for foreign workers and their employers:
The DHS plans to clarify its guidance on temporary L-1 visas for foreign workers who transfer from a company’s foreign office to its U.S. office. In a memo to the USCIS, the DPH acknowledges that while the visa program is an essential tool for multinational companies, vague guidance and inconsistent interpretation of the term “specialized knowledge” in adjudicating L-1B visa petitions has created uncertainty for these companies. Accordingly, the agency directs the USCIS to issue a policy memorandum that provides clear, consolidated guidance on the meaning of “specialized knowledge.”
Extended on-the-job training for STEM graduates:
The executive order regarding immigration also seeks to strengthen educational experiences of foreign students studying science, technology, engineering, and mathematics (STEM) at U.S. universities. To increase the likelihood that these graduates can remain in the U.S., the DHS will propose changes to expand and extend the use of the existing Optional Practical Training (OPT) program, under which graduates can pursue temporary employment in their fields of study.
We will be tracking the implementation of the executive order regarding immigration, and we encourage you to check back for updates.If you have any further concerns regarding executive order regarding immigration please visit the Official Website of the Department of Homeland Security.
Also, if you have any thoughts on the executive order regarding immigration and how it will impact your business, feel free to leave a comment below.
