President Obama’s recommendations for change to Employment Based Visas

On November 21, 2014, the President issued the Presidential Memorandum on “Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century.”  The President has recommended that a number of employment based initiatives and policy changes be implemented.  Briefly, the recommendations include: improvements to the processing of immigrant and nonimmigrant visas; that all available immigrant visa numbers are used; and improving technology infrastructure.

 

His proposed policy changes include expanding the degree programs eligible for OPT and increasing the length of time a student can work on OPT.  Expand opportunities for foreign investors, researchers, and founders of start-up companies.  Consolidate guidance in the adjudication of L-1B visas.  Provide increased flexibility in the rules allowing applicants for employment-based permanent resident status to change jobs when their applications have been stalled due to processing delays.  Review the Department of Labor’s PERM process.  Complete the initiative to allow certain spouses of foreign workers with H-1B visas to obtain work authorization whose employers have sponsored the H-1B worker.

We will provide updates as more information becomes available.  If you have any questions you can e-mail shelley@bagiaimmigration.com or kristen@bagiaimmigration.com.