Trump Proclamation- Redoing Labor cert for already approved i140?

[bcpnpapplicant]

Isnt that obama allowed H4 EAD via EO?

here you go
https://www.federalregister.gov/documents/2015/02/25/2015-04042/employment-authorization-for-certain-h-4-dependent-spouses

 

[Nick1233]

70% of 140k is occupied by indians which means that every year 10 years worth of labor for gc gets approved. So every year Indians are lagging for 10 years. So now your point for the problem is dependents(partially or fully) and not restricting labor &140 approval to 7% per year(when uscis can only approve 7% of gc per country). I agree that it adds more wait but its not the major problem. Lets fix the major problem which fixes everything.

Life is not just about gc. People cannot wait for 10-50 years to get married. If there is a guarantee that one would get gc in 5 years, many would wait but now its endless.

I'm not talking about the system, for or against. Just pointing out statements like these (out of frustration) without backing facts should be avoided

"USCIS is still punishing Indians for that by moving dates even slower than what it normally takes"

 

[Nick1233]

This deliberate action stuff on part of USCIS is pure speculation. Porting from EB3 to EB2, more demand for EB1s and more overall demand for EB visas worldwide has led to this backlog getting worse.

Yes and i can only imagine all those EB3s between 2010 - 2014 upgrading their priority dates with enough experience causing more uncertainty for EB2s between 2010-2012.

At the least, USCIS should make all these data public for folks to evaluate for themselves.

 

[harirajmohan]

I'm not talking about the system, for or against. Just pointing out statements like these (out of frustration) without backing facts should be avoided

"USCIS is still punishing Indians for that by moving dates even slower than what it normally takes"

Yes dependents add delay but it doesnt mean that people should stop proceeding with their lives just because of gc quota issues. My point is that main problem is not the dependents. Why we dont see this problem in other immigrant countries becasuse we dont have this kind of bottleneck.

here you go
https://www.federalregister.gov/documents/2015/02/25/2015-04042/employment-authorization-for-certain-h-4-dependent-spouses

But this rule by uscis was done based on EO, thats why i understand. This action by uscis is not by the bill passed via congress. Isnt it?
Same way now current admin is passing rule within uscis to remove H4 EAD without congress.

 

[bcpnpapplicant]

Correct. Of course adds delay.


But this rule by uscis was done based on EO, thats why i understand. This action by uscis is not by the bill passed via congress. Isnt it?
Same way now current admin is passing rule within uscis to remove H4 EAD without congress.

Yes it was announced as part of the EO by Obama. The actual implementation of the rule takes months. Its a new federal regulation and it goes through a standard process. It isn't simply active on the day its announced in the EO. So trump admin can make changes to LCA process, remove H4 EAD but it will take few months to do it. Thats what I am trying to emphasize. This process is public, requires the general public to comment on the initial rule. I am not well versed on the process but I do know that the administration will need to publish the initial rule and then wait for a certain period for the public to comment. We are not there yet and we are about 3.5 months away for election.

 

[bcpnpapplicant]

Yes dependents add delay but it doesnt mean that people should stop proceeding with their lives just because of gc quota issues. My point is that main problem is not the dependents. Why we dont see this problem in other immigrant countries becasuse we dont have this kind of bottleneck.


But this rule by uscis was done based on EO, thats why i understand. This action by uscis is not by the bill passed via congress. Isnt it?
Same way now current admin is passing rule within uscis to remove H4 EAD without congress.

For example h4 EAD rule was published by DHS on 02/25/2015 and became effective on 5/26/2015. You can see the timeline in the link I sent in the earlier replies

 

[bcpnpapplicant]

Here is the detailed read on the federal rule making process
https://crsreports.congress.gov/product/pdf/IF/IF10003

 

[harirajmohan]

Yes it was announced as part of the EO by Obama. The actual implementation of the rule takes months. Its a new federal regulation and it goes through a standard process. It isn't simply active on the day its announced in the EO. So trump admin can make changes to LCA process, remove H4 EAD but it will take few months to do it. Thats what I am trying to emphasize. This process is public, requires the general public to comment on the initial rule. I am not well versed on the process but I do know that the administration will need to publish the initial rule and then wait for a certain period for the public to comment. We are not there yet and we are about 3.5 months away for election.

Its just not the election date. The new president takes over only in Jan20. So they have enough time till Jan. But damage is done already by that time. And later even if new president revokes this then it will be again rewriting it which means it will take one year from now to get things corrected. Also new president might not even revoke everything - who knows right, there is no guarantee to revoke all provisions of drump's EO. So partial and permanent damage possibility exists.

Also you know that there is another risk of challenged in the court. You can see that its taking 2-3 years to remove H4 EAD due to courts involved. So it might very well take not just 1 year as i said, it might even take 2-3 years to reinstate it. So damage will be even worse.

 

[bcpnpapplicant]

Its just not the election date. The new president takes over only in Jan20. So they have enough time till Jan. But damage is done already by that time. And later even if new president revokes this then it will be again rewriting it which means it will take one year from now to get things corrected. Also new president might not even revoke everything - who knows right, there is no guarantee to revoke all provisions of drump's EO. So partial and permanent damage possibility exists.

Also you know that there is another risk of challenged in the court. You can see that its taking 2-3 years to remove H4 EAD due to courts involved. So it might very well take not just 1 year as i said, it might even take 2-3 years to reinstate it. So damage will be even worse.

Period from Nov-Jan is purely focused on transition to new administration. I dont think they can carry out any new policy in that timeframe.
Anyhow they haven't published a rule yet. Let them publish a rule first and then we can debate on the merits and the timing.

You are right that if such a rule is implemented then it will take years to remove it and the new administration may not focus on it immediately.
Also we are basing all of our comments on the assumption that trump is defeated.
If he wins then its a whole new ball game.

 

[harirajmohan]

Also we are basing all of our comments on the assumption that trump is defeated.
If he wins then its a whole new ball game.

if he wins then i think its cleanup of immigrants from united states

 

[bcpnpapplicant]

if he wins then i think its cleanup of immigrants from united states

Then I will be more worried about America than the immigrants

 

[DEEPCUR]

if this was the case h4 EADs would have been scrapped with EO, all the rumored LCA changes would have been included in June EO. June EO has a precedence of muslim ban that was challenged in the courts and upheld. Using that precedence (221f that gives executive rights to restrict entry of foreign nationals) Trump is issuing these EOs to restrict entry. Executive doesnt have any power to do unilateral changes to things done via rule making in the past (like h4 EAD) and LCA changes. These require rule making or action from congress. Rule making process takes few months. It can be accomplished but there is less and less time for this administration specially if Trump is defeated.
Now I agree that he can just issue any EO for the sake of it, however an EO which is not based on any presidential authority vested in the constitution will be quickly challenged and defeated in the courts.

they typically stagger such announcements because every time when something like this gets published, it would get them lot of mileage in media both before (rumor type articles) and after publishing the EOs. ultimately that's the admin's end goal. bundling things at once means they lose an opportunity to get more mileage and keep people's memory fresh on these things close to elections. Also, agencies might be needing more time to come up with things that would be under scope of presidential powers. If you look at this, April 22 ban gave precursor to June 22 ban where it was mentioned that president would review non immigrant visas.. June 22 EO followd.. that had given hints on reviewing labor system, and now the rumors have started coming in the same way like how it was before June 22.

And regarding H4 EAD.. you are missing the key variable here - 'pandemic with national emergency' - which gives presidents even more power than normal times which was not a thing in last 3 years when H4 EAD has been dealt with. There is a rumor that USCIS would publish H4 EAD rescinding rule this fall and may not give adequate comment period citing national emergency. And prior this April, most of this admin's initiatives followed usual process were defeated in courts.. but it has been 2 months and nobody has been able to overturn or even get an injunction April 22 ban and it is not clear if there would be any law suits at all. Same goes for H1 visa ban.. so far there is not any indication of any kind of law suit from any major corporations except for tweets from CEOs criticizing the move. Guess no company wants to deal with such an hassle as it is only for 6 months and many employees are allowed to work remote anyways from India. But so much damage gets done even with few months of pause on these things.. i saw many families getting separated because of this..

 

[bcpnpapplicant]

they typically stagger such announcements because every time when something like this gets published, it would get them lot of mileage in media both before (rumor type articles) and after publishing the EOs. ultimately that's the admin's end goal. bundling things at once means they lose an opportunity to get more mileage and keep people's memory fresh on these things close to elections. Also, agencies might be needing more time to come up with things that would be under scope of presidential powers. If you look at this, April 22 ban gave precursor to June 22 ban where it was mentioned that president would review non immigrant visas.. June 22 EO followd.. that had given hints on reviewing labor system, and now the rumors have started coming in the same way like how it was before June 22.

And regarding H4 EAD.. you are missing the key variable here - 'pandemic with national emergency' - which gives presidents even more power than normal times which was not a thing in last 3 years when H4 EAD has been dealt with. There is a rumor that USCIS would publish H4 EAD rescinding rule this fall and may not give adequate comment period citing national emergency. And prior this April, most of this admin's initiatives followed usual process were defeated in courts.. but it has been 2 months and nobody has been able to overturn or even get an injunction April 22 ban and it is not clear if there would be any law suits at all. Same goes for H1 visa ban.. so far there is not any indication of any kind of law suit from any major corporations except for tweets from CEOs criticizing the move. Guess no company wants to deal with such an hassle as it is only for 6 months and many employees are allowed to work remote anyways from India. But so much damage gets done even with few months of pause on these things.. i saw many families getting separated because of this..

Lets just wait for the next EO and then debate. There is no point debating on rumors. I just laid out the process and timeline of rule making. Now what they can skip in this process is beyond my understanding. An immigration lawyer will have better knowledge.

 

[ustocanada49]

All that is correct for someone who wants to do things the right way and not for erratic admin like his. They are following don't ask for permission, just ask for forgiveness strategy. He did visa ban with a stroke of pen.. why wouldn't he do this 'merit based immigration' in the same way. Courts might eventually stop it for changing laws, but to file a law suit finding legal mistakes in EO is going to take several months by which his election targets would be easily met.

Also, Greg is not always right. I feel he is a bad omen if he's going to lead charge in any of this.. he was the pioneer in filing the lawsuit representing Indians asking USCIS to follow final action date for October 2015 bulletin and lost it very badly. USCIS is still punishing Indians for that by moving dates even slower than what it normally takes

Hate to see people referring to Greg Siskand. Know his true face. He has tried his best to keep the backlog as it is and keeping us stuck in this situation.

 

[bcpnpapplicant]

Hate to see people referring to Greg Siskand. Know his true face. He has tried his best to keep the backlog as it is and keeping us stuck in this situation.

Wow!
I didn't know that immigration lawyers can influence the GC backlog
I guess the increasing number of applicants, EB porting and per country limit issues are not the main factors