Joe Biden authorised to extend employment authorisation to immigrant visa applicants, leaked memo reveals
1 min read . Updated: 29 Jan 2023, 10:57 AM IST
PremiumThe main contention of the leaked document is that it is acceptable to issue employment permission to the recipients of accepted employment-based immigrant visa petitions.
In order to better the lives of many foreign-born scientists, engineers, and doctors, the Biden administration has the right to provide employment authorisation to all beneficiaries of accepted employment-based immigrant visa petitions. US Citizenship and Immigration Services (USCIS) has determined it has the right to take this action, according to a leaked memo created during the Barack Obama administration.
To apply for "adjustment of status" at present, individuals with approved immigrant petitions in the employment categories may need to wait several years for an immigrant visa number to become available.
A foreign citizen cannot change occupations or launch a business while holding temporary H-1B status; they can only do so after filing for adjustment of status. Holders with H-1B visas can change employers, but not as frequently as other workers. The USCIS memo suggested a different approach.
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“The Biden-Harris Administration believes that one of America’s greatest strengths is our ability to attract global talent to strengthen our economy and technological competitiveness," Forbes quoted a 2022 White House statement.
Immigration lawyer Greg Siskind claimed in an interview that he got a USCIS memo in an envelope without a return address in 2015. Through a former USCIS employee, Siskind was able to verify the validity of the document. The paper suggests steps the Biden administration might take to accomplish its goal of luring and keeping highly educated foreign nationals.
The main contention of the Obama administration document is that it is acceptable to issue employment permission to the recipients of accepted employment-based immigrant visa petitions.
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Regardless of whether they have submitted their applications for adjustment of status, the memo adds that USCIS is now recommending changing its regulations to issue employment authorisation to the recipients of accepted employment-based immigrant visa petitions.
Given the Secretary of Homeland Security's considerable legal discretion to choose which categories of immigrants, beyond those for whom work authorization is required by statute, should be regarded authorised for employment in the United States, this extension would be allowable, the memo adds.
