Charles C. Foster, Chairman

Immigration in the News

Session Highlights

Welcome!

Benefits from Immigration Executive Actions

More Changes Likely to Come

Looking Forward to the 2016 Presidential Election

Work Authorization for Certain H-4 Spouses• H-1B must have:

– Approved I-140 Immigrant Petition, or– H-1B extension beyond the 6th year of H-1B eligibility under AC-21

• Work authorization issued for validity period of H-4 status

Benefits from Executive Actions – H-4 Work Authorization

Filing Applications to Adjust Status before Immigrant Visa becomes available under the Annual Immigrant Quota System• New Format for Visa Bulletin• Filing Cutoff Date• Final Action Cutoff Date

Benefits from Executive Actions – Earlier Filing of I-485 Applications

• DACA Expansion – Enjoined • DAPA – Enjoined• Judge’s decision based on procedural flaw in implementation

of the DACA expansion and DAPA program without proper rule-making process involving notice and comment period.

Benefits from Executive Actions – DACA Expansion and DAPA on Hold

• Parole for Entrepreneurs– Would authorize stay in the United States– Would allow work authorization– Specific procedures and eligibility criteria are still under

consideration

More Changes Likely – Parole for Entrepreneurs

• Modernizing PERM Labor Certification system– More modern recruitment methods and media– More rapid adjudication options– More effective means for addressing minor errors

More Changes Likely – PERM Improvements

• Expansion and/or extension of Optional Practical Training (OPT) work authorization for F-1 students in STEM fields

– Would likely expand list of qualifying degree fields

– Would likely extend the maximum duration that OPT work authorization may be extended

– Could happen any day, and is expected no later than the beginning of 2016, which is the deadline by which the DHS must conduct the rulemaking process with notice and comment period for the existing, 17-month OPT STEM extension period

More Changes Likely – Expansion/Extension of STEM OPT

• Permanent Residency process is “portable” if:– I-140 Immigrant Petition approvable when filed or approved,– I-485 application for permanent residence on file for at least 180

days, and – Applicant can move to position in the “same or similar

occupational classification”• DHS to issue new guidance on the meaning and application of

“same or similar occupational classification.”– Greater flexibility– More certainty that a prospective position will qualify– Clarification on mobility permitted with same employer

More Changes Likely – More Flexibility in Permanent Residency “Portability”

• Crowded field of candidates.• Primary season – immigration is a key issue for candidates. • Coming out of the primaries, the 2016 candidates are likely to

campaign more to the center.• Many candidates may favor earned legalization and guest

worker programs, or ...

Looking Forward to the 2016 Presidential Election

• Immigration issue will not go away.• Controversy over border security and sanctuary cities to

continue through the election as a topic of debate, but will not be the only focus of immigration legislation after the election.

• Next President unlikely to roll back benefits granted under current administration.

Predictions

Questions

Charles C. FosterChairman

Foster LLP

cfoster@FosterGlobal.com

(713) 335-3904