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President Obama’s Executive Action

President Obama announced executive action last week creating limited protections for certain undocumented immigrants and expanding business immigration. As we await details, here are some initial facts about the executive action and who it might affect:

DEFERRED ACTION FOR PARENTS OF U.S. CITIZEN OR LEGAL PERMANANET RESIDENT CHILDREN
Individuals will have the opportunity to request temporary relief from deportation and work authorization for three years at a time if they come forward and register, submit biometric data, pass background checks, pay fees, show that they have resided in the US since January 1, 2010 and their child was born in the U.S. or became an LPR before the date of the announcement of the executive order.

EXPANSION FOR DREAMERS/ DEFERED ACTION FOR CHILDHOOD ARRIVALS (DACA)
DHS is expanding DACA so that individuals who were brought to this country as children can apply if they entered before January 1, 2010, regardless of how old they are today. Going forward, DACA relief will also be granted for three years rather than two years.

ENTREPRENEURS E-2 VISAS
A new program will be created to allow entrepreneurs to enter the U.S. if they can demonstrate they have investors and will create jobs in the U.S.

INTRACOMPANY TRANSFERS L-1 VISAS
Streamlining the process for foreign workers and their employers, while protecting American workers. DHS will clarify its guidance on temporary L-1 visas for foreign workers who transfer from a company’s foreign office to its U.S. office. DOL will take regulatory action to modernize the labor market test that is required of employers that sponsor foreign workers for immigrant visas while ensuring that American workers are protected.

H-1B WORKERS
A new program will be created to let entrepreneurs come to the U.S. if they can demonstrate they have investors and will create jobs in the U.S.

FOREIGN STUDENTS
Foreign students studying in the science and technology fields in the U.S. will find it easier to obtain a visa to allow them to stay. Strengthening and extending on-the-job training for STEM graduates of U.S universities. In order to strengthen educational experiences of foreign students studying science, technology, engineering, and mathematics (STEM) at U.S. universities, DHS will propose changes to expand and extend the use of the existing Optional Practical Training (OPT) program and require stronger ties between OPT students and their colleges and universities following graduation

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