Immigration Executive Action: What U.S. Employers Need To Know Now

1. Initiatives for Skilled Workers

• PERM Program Modernization: The U.S. Department of Labor (DOL) has committed to modernizing the PERM Program (i.e. the first step in the employment-based green card process for employees) for the first time since the Program’s inception ten years ago. Specifically, the DOL plans to review the current regulations and seek input on key items such as labor force occupational shortages, recruitment requirements, premium processing possibilities, and typographical errors.
• Adjustment of Status Timing: Individuals with an approved I-140 petition, who are waiting for their priority date to become current, will be permitted to file for Adjustment of Status (i.e. their green card application) earlier. This will allow the individuals to gain benefits of having an application pending, such as an EAD card and a travel document. This will also allow employees awaiting their green cards to switch employers more easily.
• Employment Authorization for H-4 Spouses: H-4 spouses of H-1B skilled workers with an approved I-140 petition will be eligible to apply for employment authorization. Clarifying Guidance on L-1B and Portability
• Provisions: Clarifying guidance will be provided to further explain the requirements of L-1B visa eligibility and clearly define “specialized knowledge.” Guidance will also be provided to clarify the definition of “same or similar classification” for employees wishing to port (i.e. switch) employers while their green card application is pending.

2. Initiatives for Investors and Entrepreneurs 

• Travel Authorization for Foreign Investors: Certain investors will be granted temporary authorization to travel to the U.S. to explore opportunities for job creation. This travel authorization can also be used to temporarily pursue research and development of new businesses in the U.S.
• National Interest Waivers: Certain entrepreneurs, investors, and founders will be eligible to apply for a National Interest Waiver (i.e. a waiver of the job offer requirement for a green card applicant pursuing work in the U.S. that is found to be in the national interest).

3. Initiatives for Students

• STEM OPT Expansion: Optional Practical Training (OPT) for STEM graduates (i.e. graduates with a degree in a field of science, technology, engineering, or mathematics) will be expanded to allow for a longer period of time in OPT. The relationship between the STEM graduate and their degree institution will be strengthened during this period.

The timeframe for each initiative differs, depending on whether full regulatory review is required for the initiative to be enacted. The earliest change expected is employment authorization for certain H-4 spouses, which could happen as early as December or January. The other changes are expected to follow in the coming months. Questions on how the President’s executive actions apply to you? GoffWilson is here to help! Please contact our office today for more information.