Silicon Valley Takes a Right Turn

Re:Silicon Valley Takes a Right Turn by mavelikara on Sunday January 15, 2017 @02:45AM (#13402893)

> Google surfaces literally thousands of references to every little bit of US immigration minutiae, thanks to every immigration lawyer having public websites and forums, so I think that your path to EAD was likely wishful thinking.

It was not. Please see my sibling comment.

Furthermore, Obama administration has explicitly declined to allow such provisions despite being well aware of this situation and after publicly promising relief.

In a memo[1] dated 11/20/2014 (right after the President's State of the Union address [2]), Jeh Johnson (Secretary of Dept. of Homeland Security) stated:

  As you know, our employment-based immigration system is
  afflicted with extremely long waits for immigrant visas, or 
  "green cards," due to relatively low green card numerical limits 
  established by Congress 24 years ago in 1990.
  ...
  The resulting backlogs for green cards prevent U.S. employers
  from attracting and retaining highly skilled workers critical to
  their businesses. U.S. businesses have historically relied on 
  temporary visas- such as H-1B, L-1B, or 0-1 visas-to retain
  individuals with needed skills as they work their way through 
  these backlogs. But as the backlogs for green cards grow longer, 
  it is increasingly the case that temporary visas fail to fill 
  the gap.
  ...
  To correct this problem, I hereby direct USCIS to take several 
  steps to modernize and improve the immigrant visa process.

After 2 years of dragging its feet on the issue, USCIS recently published its rule. It goes into 95 pages of legalese, but the TL;DR is that USCIS has not done pretty much nothing to address issues pointed out in Johnson's memo. The only good thing to have come out of it is what you said:

> clarifying that there is a 60 day grace prior for switching jobs

Notice how little the actual action was compared to the lofty initial rhetoric.

[1]: Executive Action: Support High-skilled Business and Workers - https://www.dhs.gov/sites/default/files/publications/14_1120...

[2]: https://www.whitehouse.gov/the-press-office/2014/01/28/presi...

[3]: USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs - https://www.uscis.gov/news/news-releases/uscis-publishes-fin...

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Re:Silicon Valley Takes a Right Turn by pm90 on Sunday January 15, 2017 @03:36PM (#13406245)

Thank you for sharing this. I don't assume you're a lawyer or anything, but does this mean that after leaving a job on an H1B visa, a worker has 60 days to potentially find another job?

It is rather disappointing that more action has not been taken to remedy this increasingly byzantine process. Its rather frustrating to jump through all the hoops and then be told to wait for 10+ years for the legal right to work after having contributed thousands of dollars in taxes, social security etc.

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Re:Silicon Valley Takes a Right Turn by mavelikara on Sunday January 15, 2017 @04:26PM (#13406485)

> does this mean that after leaving a job on an H1B visa, a worker has 60 days to potentially find another job?

Yes. The content of the actual rule can be found at: https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27540.p.... It says:

    Nonimmigrants in certain high-skilled, nonimmigrant classifications may 
    be granted grace periods of up to 10 days before and after their validity 
    period, and a grace period upon cessation of employment on which the 
    foreign national’s classification was based, for up to 60 days or until the 
    end of their authorized validity period, whichever is shorter, during each 
    authorized validity period.

PS: IANAL etc.

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