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Sitenizi tanitin => Yeni internet siteleri => Topic started by: admin on April 12, 2017, 09:55:41 PM
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Green Card Applicants Waiting Forever Told: Keep Waiting
Fandango, which allows moviegoers to purchase tickets online, was created for Americans too impatient to wait 5 or 10 minutes in line for movie tickets. Now imagine people who must wait 5 or 10 years for a green card and the freedom to change employers easily, move about the country and later become a U.S. citizen?
Contrary to popular belief, an individual in H-1B status can change jobs and every year many H-1B visa holders change employers. However, a major problem arises when an individual in H-1B status has applied for an employment-based green card (permanent residence) and the wait time becomes so long (potentially a decade or more) that he or she is reluctant to change employers for fear of triggering a new green card application. While such individuals can change jobs in certain circumstances without having to start a new application, that is not a certainty, nor as good as obtaining an employment authorization document (EAD) that permits complete mobility in the labor market.
Absent legislative changes to boost the number of employment-based green cards and eliminate per country limits, administrative measures have been the only hope for high-skilled foreign nationals waiting years for permanent residence. But in its recent regulation (“AC21”), the Obama Administration failed to provide individuals with long-pending employment-based green card cases the type of labor mobility that would have benefited high-skilled foreign nationals and, if critics’ concerns about competition are correct, U.S. workers.
The AC21 regulation to implement the American Competitiveness in the 21st Act allows individuals mired for years in employment-based immigrant backlogs to obtain employment authorization documents (and, therefore, complete labor mobility) under “compelling circumstances.” Such circumstances include “serious illness or disability of the principal beneficiary or his or her family member” that necessitates moving to another part of the United States to receive medical care.
A few other equally limited examples are offered in the regulation that make it clear relatively few of the (at least) hundreds of thousands of individuals waiting in immigration backlogs will be able to obtain employment authorization documents and, therefore, complete labor mobility. Such labor mobility could, for example, allow these highly skilled individuals to start companies. In 2007, because he obtained employment authorization after waiting 7 years for his green card, Indian-born immigrant entrepreneur Jyoti Bansal finally could start AppDynamics, a company that today employs over 900 people and was recently purchased by Cisco for $3.7 billion.
Unfortunately, the Obama Administration had the authority to solve this problem but chose not to use that authority in the AC21 regulation. “The Administration had fairly extensive authority in deciding who should be eligible for employment authorization documents (EADs) and decided to limit it,” Jeffrey Gorsky, senior counsel at the law firm of Berry Appleman & Leiden LLP, told me in an interview. Gorsky points out as an example of the broad legal authority to grant EADs that the AC21 regulation allows for employment authorization to dependents of beneficiaries in some non-immigrant (temporary) statuses with an approved I-140, based on “compelling circumstances,” even though those dependents may be out of status.
Even if the Obama Administration (or the Trump Administration) chose not to make the policy change in this specific regulation, there are other administrative means to accomplish the same objective on EADs and labor mobility for individuals waiting years in employment-based green card backlogs, such as concurrent filing of adjustment of status with an approved I-140 (regardless of priority date) or, if that did not work, periodically making the State Department Visa Bulletin “current” to allow for filing adjustment of status. Where there is a will, there is a way.
https://www.forbes.com/sites/stuartanderson/2017/01/28/green-card-applicants-waiting-forever-told-keep-waiting/#116d01cd1656 (https://www.forbes.com/sites/stuartanderson/2017/01/28/green-card-applicants-waiting-forever-told-keep-waiting/#116d01cd1656)
http://www.greencard.web.tr/ (http://www.greencard.web.tr/)
https://www.usa.gov/green-cards (https://www.usa.gov/green-cards)
https://www.dvlottery.state.gov/ (https://www.dvlottery.state.gov/)
https://tr.wikipedia.org/wiki/Ye%C5%9Fil_Kart_(ABD) (https://tr.wikipedia.org/wiki/Ye%C5%9Fil_Kart_(ABD))