The Immigration Accountability Executive Action (IAEA): Summary of Action Plan

It has been a busy day for immigration attorneys and Washington, DC.    As President Obama is getting ready to announce his executive action proposal, called Immigration Accountability Executive Action (IAEA), there are some reliable preliminary updates we can share with our readers.

Summary of Proposed Executive Action Steps

Deferred Action for Parents of USC and LPR.   Deferred action (similar to DACA) – can obtain work permit (3 years) and relief from removal.   Must be in the US for five years or more.  Also, must apply, submit biometric data, pass background checks, pay fees, and show that their child was born before the date of this announcement.   Estimated population of this benefit is around 4.4 million.   Should be running in 180 days.

DACA Expanded.   The Deferred Action for Childhood Arrivals (DACA) program is being expanded.   Individuals who were brought to this country as children can apply if they entered before January 1, 2010, regardless of how old they are today.  Going forward, DACA relief will also be granted for three years.   Should be effective in 90 days.

H-4 Spouses EAD.   The rules announced in May to give work permits (EAD) to certain H-4 spouses (of H-1B holders who have an I-140 immigrant petition) are expected to move forward.

I-485 Pre-Registration/Easier Job Portability Prior I-485 Filing.   Changes are expected to make it easier for workers who are stuck waiting for an immigrant visa number to change their jobs.     The proposal is to allow approved I-140 beneficiaries to obtain I-485-like benefits (such as work permit, job portability) and allow them to change employers.     Estimated population is around 400,000.   This will be done via regulation which is subject to the (often time-consuming) regulation-making process.   The AC21 “same or similar job” language is expanded/clarified.

Entrepreneurs Qualify for NIW.   While this has already been a “guidance”, the plan is to expand immigration options for foreign entrepreneurs, researchers, inventors, and founders who meet certain criteria for creating jobs, attracting investment, and generating revenue in the U.S.

STEM/OPT Program Expanded.   OPT eligibility and terms to be expanded but stronger ties between OPT students and their universities will be required.

PERM Labor Market to be “Modernized.” DOL will be tasked with “modernizing” the PERM labor certification system and its labor market test to ensure American workers are protected by the immigrant visa process.   Details are key but we do not have them yet.

Provisional Waiver Expanded to Spouses of LPR.   Provisional waiver from within the US is being expanded to include spouses of LPR (in addition to US citizens).

Parolees Will Have Expanded Protections for Travel.   It is expected that the rules will remove the inadmissibility trigger when traveling and entering on advance parole; which will help many parolees (DACA, IAEA and employment-based parolees).

What DID NOT Make it Into the Proposal

It is worth mentioning briefly which of the common points did not make it into the proposal.   Parents of DACA holders are not included.   Also, the proposal does not change the way the family derivative members are counted under the immigrant visa numbers.   As a result, the current backlogged wait system will continue (subject to some relief from the points above).    There are no changes to the H-1B  program.

Live Chat and Webinar on Immigration Accountability Executive Action

Please join us for two upcoming events to discuss the details of the program.

Live Chat:   Immediate Analysis and Reaction to Executive Action Proposal Thursday, 9 pm EST.

Immediately after President Obama’s speech this evening we will host hosted a live chat dedicated solely on the speech, the proposals contained therein and our immediate analysis of the impact on various groups of immigrants.    Sorry we missed you – but you can read the chat transcript.

Webinar:   SPECIAL EDITION on President Obama’s Executive Action Plan – Details and Analysis Friday, 1 pm EST.

On Friday, November 21, 2014 at 1 pm EST, after we have had a chance to go through the proposal in more detail, we will hold held a webinar presentation where we will provide provided a more detailed analysis of the executive action proposal and how it affects various groups of immigrant populations.     We should also be able to provide some kind of an overview of challenges to the proposed action and anticipated steps forward and timeline.    You can see the recorded webinar.

Conclusion

We will be providing much more over the next few days — this is obviously a somewhat quick and brief overview of the proposed components of the plan.    Please stay tuned over the next days as we will be active in providing updates and analysis.

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  In the meantime, please do not hesitate to contact us with any questions or comments, or if we can be of any assistance with this or related immigration-related issues.