President Obama plans to announce an executive order dealing with immigration tomorrow night while in Las Vegas, creating significant political debate over his authority to do so, and his intent. It is assumed that he will introduce a plan to protect at least 3 to 5 million unauthorized immigrants from removal - the parents of US citizen and permanent resident children - and to permit them to apply for US work permits. It is possible but by no means certain that he will announce plans to include some new benefits in the area of business immigration, such as employment cards for spouses of some foreign nationals working in the US, or maybe even additional visa numbers for US businesses interested in employing degreed professionals from other countries. While business immigration reform is much needed by businesses facing the toughest government scrutiny in years, these are areas that many believe can only be legislated by Congress. If the President takes action unilaterally, broader and much more beneficial business immigration legislation may be sidetracked politically for months or even years. A government shutdown is also a possible result, given the fact that the President is taking these steps just after Republicans are poised to control Congress following mid-term elections.
If you have any questions, please contact Teresa B. Finer, the head of our firm's Immigration Group.
Originally published November 19, 2014
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