Provisional Waiver Program | Business Immigration Actions | Advance Paro...

Expansion of the Provisional Waiver Program:

1. I-601A provisional waivers of unlawful presence will be expanded to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.

2. USCIS will provide guidance on the meaning of the “extreme hardship” standard that must be met to obtain a waiver of inadmissibility.

Worksite Compliance:

1. Establishing an interagency worksite enforcement group  to identify policies and procedures that promote consistent enforcement of federal labor, employment and immigration laws to protect U.S. workers.

2. Secured Community Program (SCP) is being revamped and will now be a new Priority Enforcement Program (PEP) consistent with Enforcement Priorities at the Border.

Business Immigration Actions:

1. Provide work authorization to the H-4 spouses of certain H-1B visa holders. (may be soon)
2. Provide clearer guidance on the meaning of “specialized knowledge” to bring integrity to the L-1B program. This is likely to be done by policy memorandum.
3. STEM OPT Reform. (increase number of STEM categories?, increase time for STEM extension).
4. Visa Bulletin Reform. (use all unused visas and take only for primary beneficiary)
5. New Parole For Researchers, Inventors And Entrepreneurs.
6. Clarify the standard by which a National Interest Waiver (NIW) may be granted.
7. Modernize the PERM. (recruitment process)
8. Clarify portability provisions of AC-21.

Advance Parole (AP):

USCIS will issue guidance clarifying that the holding in Matter of Arrabally-Yerrabelly (that travel on AP is not a “departure” within the meaning of INA Section 212(a)(9)(B)(i) and therefore does not trigger the 3/10 year bars for unlawful presence) applies to all cases, not just the specific fact pattern in Arrabally.