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Uscis Email - Immigration Enhancement


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Dear Stakeholder,

 

On March 19, 2015, U.S. Citizenship and Immigration Services (USCIS) hosted a listening session on business-focused immigration enhancements. Such enhancements are part of the November 2014 executive actions to modernize, improve, and clarify employment-based immigrant and nonimmigrant visa programs to grow our economy and create jobs.

 

We continue to encourage stakeholders to submit comments to [email protected] in response to the specific questions that USCIS asked at the engagement:

 

  1. What are the most important policy and operational changes that would streamline and improve the process of employment-based beneficiaries’ applying for adjustment of status to that of a lawful permanent resident while in the United States?

 

a. What are some ideas for modernizing and improving the immigrant visa process for employment-based beneficiaries?

 

  1. USCIS is currently working with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability. What are some ideas for modifying the Visa Bulletin system for employment-based immigration?

 

  1. If possible to extend employment authorization (EAD) eligibility to beneficiaries of approved Form I-140 petitions who are unable to file for adjustment of status due to visa unavailability, what should be the timeframe after approving an I-140 petition for conferring an EAD?

 

  1. Should a beneficiary’s priority date and porting eligibility be preserved when the petitioner withdraws an otherwise approved or approvable I-140 petition and/or terminates its business? How should the portability provisions be crafted to allow for this?

 

  1. What are some ideas for improving how USCIS evaluates “same or similar” in an AC21 analysis of two jobs?

 

a. Should USCIS implement an application process, which would include a form and fee, to request AC21 portability (e.g. pre-adjudicate whether a new position is the same or similar as the I-140 position)?

 

  1. What are the concerns, if any, of Form I-140 petitioning employers with regard to increasing the flexibility of USCIS’ analysis of INA 204(j) portability?

 

  1. What are the concerns, if any, of Form I-140 petitioning employers with regard to increasing the flexibility of the Form I-140-related work authorization eligibility for beneficiaries of approved Form I-140 petitions?

 

  1. What are the concerns, if any, with satisfying the eligibility criteria for EB-2 national interest waivers?

 

a. What are some ideas for standards for granting a national interest waiver, including waivers for foreign inventors, researchers and founders of start-up enterprises to benefit the U.S. economy?

 

For more information on business-focused enhancements under the executive actions on immigration, visituscis.gov/immigrationaction.

 

We strongly encourage you to subscribe to receive an email whenever additional information on these initiatives is available on our website.

 

 

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