EB23版 - 有人关注“July 2015 legal immigration modernization plans 吗？ |
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N*********9
发帖数: 60 | 1 似乎近来这个计划又搬出来，希望140 EAD 能早日通过。有时间可以看一下下面的链接
https://www.whitehouse.gov/sites/default/files/docs/final_visa_modernization
_report1.pdf
下面是来自08/15/2015 http://www.immigration-law.com/XXIV.html
08/18/2015: Increasing Tension and Conflict Between Employers and Certain
Foreign Workers as Triggered by Obama Legal Immigration System Modernization
Plan
Obama Administration released in July 2015 legal immigration modernization
plans, which include the following:
"Further increase job flexibility by enabling individuals whose employment-
sponsored immigrant visa petitions have been approved for more than one year
to retain eligibility for LPR status despite the petitioning employer
closing its business or seeking to withdraw the approved petition"
The plan involves expansion of current approved I-140 portability to those
foreign workers whose I-140 has been approved. The plan proposes change of
employment without affecting the approved I-140 petition one year after the
time when the I-140 is approved. Currently, portability of the approved I-
140 is available only to those who have filed I-485 application and six
month passes. Reactions of the employers appear to create certain groups of
employers. One group is to oppose such immigration reform and lobby against
such reform behind the scenes. The second group is those employers who are
preparing themselves against the inevitable forthcoming changes and to
protect their interest against the foreign worker employees. The third group
is to support such reform and take advantage of employment of foreign
workers without restrictions and indefinitely without wage restrictions and
without the restrictive and expensive L-1 and H-1B visa rules. Since
employers are in business, no one can blame them for their actions to
protect their business interests.
The first group's interest could be to keep the needed foreign workers under
their total control outside of the competitive labor markets of the
talented foreign workers. For this group, there is nothing the foreign
workers can do about it other than their increasing political lobbies. The
second group is more or less conceding the inevitability of the forthcoming
changes and starts to prepare themselves and try to work out legal option to
minimize the damage from such changes. This is lately more and more visible
in the form of their legal protection by demanding change of employment
contract with added penalty for leaving job. They provide for either
punitive damage or liquidated damage from the departing employees in the
employment contracts. Majority of the employers may belong to this group,
more and more so in the future. However, under the law, there is a limit
which employers can go to protect their interest in the form of employment
contracts. In most cases, courts will not allow punitive damages and their
focus will be limited to claim of liquidated damage in the law of employment
contract. However, even liquidated damages, there is a limit the courts
usually impose. When it comes to any claims under the immigration laws,
employers do not have much legal claims. Under the circumstances, it is time
that both employers and employees should start seeking counsel from
contract lawyers to learn their options available under the law. The third
group sponsors PERM applications and I-140 petitions en masse to reduce the
number of their foreign workers in L-1 or H-1B visa statuses using
portability of the approved I-140 petitions. This group will be successful
in two fronts. One is to overcome current H-1B and L-1B laws that penalize
employers hiring a large number of H-1B and L-1B employee in many different
ways. The other is to control wages since such employees working EAD will
not be subject to any requirement of prevailing wages. So far, so good. One
huge problem is that such employers expose their talented employees to
competitive businesses since I-140 approved employees can go into the open
and free labor market without any restriction after one year of I-140
approval.
All in all, this is the time for both employers and foreign workers to
review their options that are available to them under the law before the
changes set in with the "modernized" employment-based immigration system. | k**i
发帖数: 10191 | 2 OPT和非法移民的EAD都因为缺乏正当的行政程序被法院叫停，我估计他们会走正规的步
骤做，那样的话，至少1-2年才能出台。具体参见H4EAD出台的时间顺序。
modernization
Modernization
【在 N*********9 的大作中提到】
: 似乎近来这个计划又搬出来，希望140 EAD 能早日通过。有时间可以看一下下面的链接
: https://www.whitehouse.gov/sites/default/files/docs/final_visa_modernization
: _report1.pdf
: 下面是来自08/15/2015 http://www.immigration-law.com/XXIV.html
: 08/18/2015: Increasing Tension and Conflict Between Employers and Certain
: Foreign Workers as Triggered by Obama Legal Immigration System Modernization
: Plan
: Obama Administration released in July 2015 legal immigration modernization
: plans, which include the following:
: "Further increase job flexibility by enabling individuals whose employment-
| o********0
发帖数: 2145 | 3 记得原来说八月份合法这块的一些移民改革会走程序，没等到这出却赶上放水了，刷了
两年屏，依然关注移改的进展。 | c*******n
发帖数: 2629 | 4 这次放水来的不知不觉，但是倒退也是非常突然，不知道怎么说。我还以为跟改革之间
有联系。。。。 | s*a
发帖数: 267 | 5 实际上在美国最守规矩的还是中国人，非法滞留的太少了。。。如果都非法滞留而且落
地生娃，搞个几百万人口早就大赦了。。。 |
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