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Chris Musillo on Nurse and Allied Health Immigration

PRESIDENT OBAMA COULD EXPAND H-1B AND DOUBLE GREEN CARDS WITHIN THE NEXT TWO MONTHS

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by Chris Musillo

This November or December the President may expand the H-1B rules and double the number of employment-based green cards, through Executive Action. Either would be welcome to an American industry that cannot find US workers in low supply occupations such as healthcare and information technology. The Executive Action will happen between the November 4, 2014 and January 3, 2015.

Earlier this month the President hinted that he will use Executive Action to liberalize the H-1B program. One method may be to finally enact rules that extend work authorization to spouses of H-1B workers.

Pundits have also said that the President could effectively double the number of employment-based green cards by changing the way that employment-based green card are counted. Doubling the number of employment-based green cards would make most employment-based green card categories current, eliminating retrogression.

The Executive Action doctrine allows Presidents to implement changes to the law, as long as those changes are interpretations of established law and not the creation of new law. There is a fine line between an interpretation and the creation of law.

The President controversially took Executive Action in June 2012 when he issued the Deferred Action for Childhood Arrivals (DACA). DACA allows certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal.

The President originally planned to use Executive Action this summer in other areas of immigration law. He has postponed those plans until after Election Day in order to appease Democrats in tough districts.

It is expected that the House of Representatives will remain firmly in control of the Republicans. The Senate, which is presently in control of the Democrats, will almost surely flip to Republican control. This will give the Republicans control of both houses of Congress when the new Congress starts on January 3, 2015. For this reason, the President is expected to act before the new Congress is sworn into office.

Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

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Comments

  1. Someone12's Avatar
    what a load of baloney....alleged shortages of American IT workers...must be those guys who, before being fired, had to train foreign IT workers...with millions of Americans still looking for work, it makes NO sense to bring in labor from overseas...unless business wants to pay 35 cents on the dollar...these so called shortages are only in the imaginations of immigration attorneys, who salivate over the prospect of billing some company $4000 to complete H1B application forms a 12 year old could so...let's bring in immigration attorneys from overseas...surely there must be a shortage of these clowns.
  2. Best Writings's Avatar
    Executive orders will always be criticized and i hope the people concerned listens. The agitated for are genuine concerns and politics should not be left to prevail in such matters.
    http://best-writings.com
  3. Sallie Mae's Avatar
    There is no evidence to suggest that we have skilled worker shortages except for businesses saying so. Wages, unemployment, workforce participation rates, and part time jobs all point to no shortages. The President is showing his utter contempt for the US citizen if he goes down this path. Many in our legislative and administrative bodies are corrupt if they act for special interests against US citizens, such as businesses and foreigners in the country illegally. There was a time when what was good for business was good for the US worker, but that is not true anymore; we have seen corporations doing well lately yet not hiring US citizens. Fortunately for immigration attorneys, company CEOs and politicians, much of the electorate has drunk the kool-aid from the mainstream media, and the money from companies and those personally vested in the immigration industry is flowing into the politicians' campaign chests unabated. All while we slept, thinking the economy was getting better. How very stupid we are to trust our elected politicians with our futures.
  4. CMusillo's Avatar
    @ Sallie Mae, Someone12 - actually there is evidence that there are worker shortages in some occupations. Look at the Dept of Labor's Occupation Outlook Handbook in nursing, for instance, http://www.bls.gov/ooh/healthcare/re...rses.htm#tab-6.

    In the future if you want to comment on my blog, please cite evidence with links from objective news and government sources. Otherwise, please stop with the hyperbolic nonsense and straw man attacks against immigration attorneys.
  5. jasatlaw's Avatar
    Having filed hundreds of PERMS for IT workers over the course of the past 10 years, I can tell you that there is definitively a shortage; there are hardly ever any applicants for the positions.

    If being an immigration lawyer is so easy, why don't you whiners apply to law school, fund it and see if you can hack it. Or better yet, just do something constructive with your lives rather than complaining about the conspiracies being perpetuated under our noses.
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