Immigration: Reform Remains a Distant Prospect

Immigration

Though the President announced a number of immigration reforms in November that could benefit employers, it will likely be months or even years before they are all implemented; in the meantime, Republicans in Congress are busy preparing legislation to defund or otherwise block the action, and 25 states are challenging the initiative in federal court.  Among the President's reforms that employers hope to see finalized in the coming months are:

• Granting work authorization to the spouses of certain H-1B visa holders (a rule was proposed in May of last year, but never finalized);
  
  
• Expanding the scope and duration of the Optional Practical Training visa program which allows foreign students to work in the United States for a period of time in a position related to their field of study (the regulations have yet to be proposed);
  
  
• Clarifying the guidance concerning temporary L-1 visas for foreign workers who transfer from a company's foreign office to its U.S. office (this update has been pending for at least the past three years, without effect); and
  
  
• Increasing the portability of the visas, making it easier for those with approved green card applications to change jobs or accept promotions (the regulations have yet to be proposed).

Though Republicans in Congress were persuaded to temporarily hold their fire on immigration reform last year in order to pass the omnibus bill funding the government, the issue is now front and center once again.  It is unclear at this stage whether they will succeed in blocking aspects of the President's immigration initiative, such as his deferred action program for the parents of U.S. citizens.  However, it is unlikely the items detailed above would be impacted as they are more squarely within the authority of the Department of Homeland Security.  While employers have been generally supportive of the specific aspects of the President's reforms, they have expressed strong concerns about the impact of his unilateral action on the prospects for comprehensive immigration reform.