President’s Actions on Immigration

President’s Actions on Immigration - Includes Employment Authorization Document (EAD for certain H4 Spouses, Deferred Action for Childhood Arrivals (DACA), Deferred Action for Parental Accountability (DAPA), and 601A Unlawful Presence Waivers to Spouse - Sons - Daughters of Lawful Permanent Residence and Sons and Daughters of U.S. Citizens.

Executive Actions on Immigration - How do you qualify?

The President announced the following executive actions on November 20, 2014.

  • DACA. Expands Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extends the period of DACA and work authorization from two years to three years.
    • Who
      • Current DACA recipients seeking renewal and new applicants, including individuals born prior to June 15, 1981, who meet all other DACA guidelines.
      • Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.
    • What
      • Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.
      • Extends the deferred action period and employment authorization to three years from the current two years.
    • When
      • Approximately 90 days following the President’s November 20, 2014, announcement.
    • How
      • Contact Litwin & Smith and see our DACA page for instructions which will be updated over the next several months.
  • DAPA. Deferred Action for Parental Accountability (DAPA) program allows parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years.
    • Who
      • An undocumented individual living in the United States who, on the date of the announcement, is the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below.
    • What
      • Allows parents to request deferred action and employment authorization if they:
        • Have continuous residence in the United States since January 1, 2010;
        • Are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and
        • Are not enforcement priorities for removal from the United States, pursuant to the November 20, 2014, Policies.
    • Notes: USCIS will consider each request for Deferred Action for Parental Accountability (DAPA) on a case-by-case basis. Enforcement priorities include (but are not limited to) national security and public safety threats.
    • When
      • Approximately 180 days following the President’s November 20, 2014, announcement.
    • How
      • Contact Litwin & Smith and watch our website for instructions which will be updated over the next several months.
  • 601A Provisional Waivers. Expands the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
    • Who
      • Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:
        • The sons and daughters of U.S. citizens; and
        • The spouse and sons or daughters of lawful permanent residents.
      • Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.
    • What
      • Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver. Notes: Currently, only spouses and minor children of U.S. citizens are allowed to apply to obtain a provisional waiver if a visa is available.
    • When
      • Upon issuing of new guidelines and regulations.
    • How
      • Contact Litwin & Smith and watch our website for instructions which will be updated over the next several months.
  • Employment Authorization Document (EAD for certain H4 Spouses) as part of modernizing, improving, and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs.
    • Who
      • U.S. businesses, foreign investors, researchers, inventors and skilled foreign workers.
      • USCIS will:
        • Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.
        • Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.
        • Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.
        • Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.
    • What
      • Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:
        • Have been awarded substantial U.S. investor financing; or
        • Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.
      • Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status. We understand that the final rule should be published in December 2014 or January 2015.
      • Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.
      • Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.
    • When
      • Upon issuing necessary guidance and regulations.
    • How
      • Contact Litwin & Smith and watch our website for instructions which will be updated over the next several months.

************Important notice: These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. **************

Please be sure to check back often as more information becomes available. If you would like a consultation appointment to determine if you might be eligible, please contact our office at (650) 588-7100.