Joe Biden authorized to extend employment authorization to immigrant visa applicants, leaked memo shows

 

The leaked document's main argument is that it is acceptable to issue employment permits to recipients of approved employment-based immigrant visa petitions.

To improve the lives of many foreign-born scientists, engineers and doctors, the Biden administration has the authority to grant employment authorization to all beneficiaries of approved employment-based immigrant visa petitions. According to a leaked memo created during the Barack Obama administration, US Citizenship and Immigration Services (USCIS) has determined that it has the authority to take this action.

Currently in order to apply for "adjustment of status," persons with approved immigrant petitions in employment categories may have to wait several years for an immigrant visa number to become available.

A foreign national cannot change occupations or start a business while holding temporary H-1B status; They can do so only after they have filed for adjustment of status. H-1B visa holders can change employers, but not as often as other workers. The USCIS memo suggested a different approach.


"The Biden-Harris administration believes that America's greatest strength is our ability to attract global talent to strengthen our economy and technological competitiveness," Forbes said, citing a 2022 statement from the White House.

Immigration attorney Greg Siskind claimed in an interview that he received a USCIS memo in 2015 in an envelope that did not have a return address. Through a former USCIS employee, Siskind was able to verify the document's validity. The paper suggests steps the Biden administration could take to meet its goal of attracting and retaining highly educated foreign nationals.

The main argument of the Obama administration document is that it is acceptable to issue employment permits to recipients of accepted employment-based immigrant visa petitions.

Regardless of whether they submitted their applications for adjustment of status, the memo said USCIS is now recommending changing its rules for issuing employment authorizations to recipients of approved employment-based immigrant visa petitions.

Given considerable legal discretion to the Secretary of Homeland Security in choosing which categories of immigrants, who are required by law to have work authorization, should be considered authorized for employment in the United States, the memo said. Extension will be acceptable.