Talk given by Rudy for while42 SF #18 @LinkedIn with FWD.us and ESCEN school. Pictures here: https://www.flickr.com/photos/sylvainkalache/sets/72157650382332309 Video here: https://www.youtube.com/watch?v=fvXEn06zD_o&feature=em-upload_owner

1. Understanding the
immigration reform
A quick introduction to grasp what you never asked

2. Immigration
Reform?
The

3. S.744 bill
01/28/2013
• Charles Schumer of New York
• Dick Durbin of Illinois
• Bob Menendez of New Jersey
• Michael Bennet of Colorado
• John McCain of Arizona
• Lindsey Graham of South Carolina
• Marco Rubio of Florida
• Jeff Flake of Arizona
D
R
Comprehensive
Immigration
Reform
.

4. The Executive Action
can’t be “comprehensive”
(but we’ll get back to that)

5. S.744
Border Security Immigrant Visas
Interior
Enforcement
Non-Immigrant
Visa Reform
Jobs for Youth

6. S.744
Border Security

7. S.744
Border Security Immigrant Visas
Interior
Enforcement
Non-Immigrant
Visa Reform
Jobs for Youth

8. S.744
Jobs for Youth

9. S.744
Border Security Immigrant Visas
Interior
Enforcement
Non-Immigrant
Visa Reform
Jobs for Youth

10. S.744
Interior
Enforcement

11. S.744
Border Security Immigrant Visas
Interior
Enforcement
Non-Immigrant
Visa Reform
Jobs for Youth

12. S.744
Immigrant Visas
“Earned legalization”

13. S.744
Immigrant Visas
• 120,000 to 250,000 per year
• 2 tiers given each 50%

14. S.744
Immigrant Visas
• “Track-two”
• Eliminating backlog within 7 years
• Still “merit-based”

15. S.744
Immigrant Visas
• Easier for immediate relatives
• Harder for non-immediate relatives
• Eliminating backlog + making room
for merit-based visas

16. S.744
Immigrant Visas
• No cap for STEM fields!
• No labor certification either!
• No country cap (backlog-killer)

17. S.744
Immigrant Visas
+ Integration of new immigrants
!
+ Less-skilled W visa agricultural worker program
+ Some other visa changes

18. S.744
Border Security Immigrant Visas
Interior
Enforcement
Non-Immigrant
Visa Reform
Jobs for Youth

19. S.744
Non-Immigrant
Visa Reform
• H1B cap raised to 115k-180k! o/
• Higher wage calculation
• Good-faith recruitment of US workers
• 50% non-immigrant visas maximum
• Easier to change job for H1Bs;
“harder” for L1s

20. S.744
Non-Immigrant
Visa Reform
• Investor’s visa (X visa) for entrepreneurs
• $100k investment
• or 3 jobs /2yrs, and $250k revenue /yr
• Investor’s immigrant visa (EB-6)
• significant ownership + role
• 5 jobs + $500k investment
• or 5 jobs + $750k revenue /yr for 2 yrs

21. S.744
Non-Immigrant
Visa Reform
• Unilateral approach to W less-skilled visa
• Dual-intent for F-1 students
• Non-immigrant retiree visa (> 55yrs with $500,000)
• …

22. S.744
Border Security Immigrant Visas
Interior
Enforcement
Non-Immigrant
Visa Reform
Jobs for Youth

23. What then?

24. What is an Executive
Action?

25. Federal government
Legislative
branch
Executive
branch
Judicial
branch
?
Specs
Details
+ execution
Screw-ups

26. !
A
comprehensive
reform
!
!
!
!
!
!
Executive
Action

27. Abuse of power?
Gang of Eight’s S.744 bill.
Comprehensive is possible. Obama says: “I won’t,
would be abuse of power”
Congress blocks reform.
Obama says: “let’s wait for
mid-terms”
Obama says: “Oh well,
I’ll do it”
Mid-terms: Reps everywhere
Congress:

28. Federal government
Legislative
branch
Executive
branch
Judicial
branch
Specs
+ budget
Details
+ execution
Screw-ups

29. What’s in this
Executive Action?

30. This Executive Action
Border Security /
Interior Enforcement
Immigration:
clarifications & optimizations
Promoting
Naturalization
Deferred Actions /
Provisional Waiver

31. This Executive Action
Deferred Actions /
Provisional Waiver
First:
• What is Deferred Action?
• What is Provisional Waiver?
• Also, what is Parole?
Parole-in-place?

32. This Executive Action
Deferred Actions /
Provisional Waiver
• Illegal immigrants who were here
as children, and have been here a
long enough time.
• Illegal immigrants who are parents
of legal residents.
• But, MUST register.

33. This Executive Action
Border Security /
Interior Enforcement
Immigration:
clarifications & optimizations
Promoting
Naturalization
Deferred Actions /
Provisional Waiver

34. This Executive Action
Border Security /
Interior Enforcement
• More focus on actual felons,
rather than families (tiers).
• “Secure Communities” (police cooperation program)
discontinued —> “Priority Enforcement Program”
• HR reform for Custom Enforcement officers.

35. This Executive Action
Border Security /
Interior Enforcement
Immigration:
clarifications & optimizations
Promoting
Naturalization
Deferred Actions /
Provisional Waiver

36. This Executive Action
Promoting
Naturalization

37. This Executive Action
Border Security /
Interior Enforcement
Immigration:
clarifications & optimizations
Promoting
Naturalization
Deferred Actions /
Provisional Waiver

38. This Executive Action
Immigration:
clarifications & optimizations
• Optional Pratical Training for F-1’s
(12 months on US job, 29 if STEM)

39. This Executive Action
Immigration:
clarifications & optimizations
• Deferred action and parole for
families of citizens or lawful
residents seeking to serve in the
US military.
• Reuse of the notion of “significant
public benefit”.

40. This Executive Action
Immigration:
clarifications & optimizations
• Work auth for H-1B spouses with
pending sponsored GC.
• Optimizing unused quotas.
• Better communication about when to
apply for current quotas.

41. This Executive Action
Immigration:
clarifications & optimizations
• L-1B: clarification over “specialized knowledge”.
• Easier job movement when in GC process.

42. This Executive Action
Immigration:
clarifications & optimizations
• Reuse of the “national-interest waiver” Green Card for
economical interests (clearly for start-ups). To be clarified.
• Reuse of the “significant public benefit”, giving parole to
well-funded R&D entrepreneurs by US investors.

43. This Executive Action
Border Security /
Interior Enforcement
Immigration:
clarifications & optimizations
Promoting
Naturalization
Deferred Actions /
Provisional Waiver

44. What’s next?
• Feb 18th: new DACA submissions (and more
new application dates within 2015)
• Budget to be voted by Feb 27th: government
shutdown?
• House of Representatives’ vote on immigration
reform: maybe, someday…

45. Questions?