m********i
发帖数: 281 | 1 Comment Submitted by Kareena Sharma
This is a Comment on the U.S. Citizenship and Immigration Services (USCIS)
Proposed Rule: Retention of EB–1, EB–2, and EB–3 Immigrant Workers and
Program Improvements Affecting High- Skilled Nonimmigrant Workers
For related information, Open Docket Folder Docket folder icon
Comment
I would like to submit the following comments in response to the USCIS
Proposed Rule, "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and
Program Improvements Affecting High- Skilled Nonimmigrant Workers,"
published in the Federal Register on December 31, 2015.
As a nonimmigrant worker in the United States, I have been waiting for my
permanent residence for 11 years.
I came to this country legally, use my skills to benefit all Americans, pay
my taxes, and file all necessary applications to
maintain my legal immigration status. I have been with the same company for
8 years now, I handle the IT department of
a multinational company.
I was glad to see the proposed rule seeking improvements for high-skilled
nonimmigrants. There are a few helpful provisions for those of us stuck in
long visa backlogs. However, there are many improvements that should be
considered to ultimately provide the needed relief for high-skilled
employment-based applicants.
Job Portability Under AC21 for Certain Applicants for Adjustment of Status
Job portability should be extended to beneficiaries who do not have
applications for adjustment of status filed because
immigrant visa numbers are not available. The stated purpose of the proposed
regulatory changes is to increase the ability
of high-skilled workers who are the beneficiaries of employment-based
immigrant visa petitions to further their careers by
accepting promotions, changing positions with current employers, changing
employers, and pursuing other employment opportunities. However, the
proposed flexibility only applies to applicants with a pending adjustment of
status. Current visa backlogs prohibit a large number of beneficiaries of
approved immigrant petitions from reaching the adjustment of status stage
for years. Those subject to backlogs due to application of "per-country"
limitations on immigrant visas are particularly disadvantaged by this
proposed rule. While those not subject to backlogs may freely change jobs
after 180 days, those subject to backlogs are restricted from accepting
promotions or changing employers without completely starting the process
over. The proposed rule should be changed to allow all beneficiaries of
approved employment-based immigrant visa petitions to change jobs after 180
days without the need for a new immigrant visa petition as long as a new job
offer is available in a same or similar occupation.
Retention of Priority Dates
The clarification regarding retention of priority dates is extremely helpful
to high-skilled immigrants. For many years, it has been unclear whether the
priority date would be lost due to a job change because of the potential
for an employer to withdraw an approved immigrant petition. The ability to
retain the priority even after an employer withdrawal will provide
employment-based applicants a sense of stability knowing that they will not
lose their place in the immigration line.
Eligibility for Employment Authorization in Compelling Circumstances
The proposed I-140 EAD could be a viable option, but the vast majority of
possible beneficiaries would ultimately choose not to obtain this benefit
due to various shortcomings. The proposal could be improved as follows:
First, the requirement for compelling circumstances should be removed. The
lack of an available immigrant visa should be reason enough to provide
beneficiaries of approved immigrant petitions with an EAD. Second, the EAD
should be issued in two-year increments to provide better stability.
Renewals should be allowed as long as the immigrant visa remains unavailable
. Third, EAD holders should also be granted Advance Parole to allow travel.
Finally, it should be made clear that an individual who holds an I-140 EAD
should be eligible to adjust status in the United States and without the
need for a new immigrant petition as long as a new job offer is available in
a same or similar occupation.
With this letter, I urge you to support the U.S. economy by implementing
this new rule with the recommended changes as soon as possible. Thank you
for your consideration, time, and support in this matter. |
