Immigration Executive Order: What It Means for Employers

Author: David B. Weisenfeld, XpertHR Legal Editor

November 24, 2014

President Obama's November 20 executive orders could allow as many as five million undocumented immigrants to remain in the US if they meet certain conditions. Employers should note that the order also extends the stay of foreign graduates of US colleges with high-tech skills.

What the order does not do is grant undocumented workers citizenship or the right to remain in the US permanently. However, it does enable individuals to request work permits and deportation relief for three years at a time provided they meet the following conditions:

  • Have been in the US for at least five years;
  • Have children who are citizens or legal residents;
  • Pass a criminal background check; and
  • Are willing to pay their fair share of taxes.

President Obama's plan aims to increase the number of green cards available for skilled and professional workers. In addition, the administration intends to authorize employment for spouses of professional workers in the H-1B visa category who have permanent immigrant visas approved.

Ogletree Deakins attorney Charles Gillman, of the firm's Raleigh, North Carolina office, specializes in employment-based immigration law and calls the executive order a positive change that could help US employers. Gillman says, "It should make it easier to employ foreign nationals and streamline the process." However, he cautions that the "devil is in the details," noting that there is still a lot of uncertainty as to when these changes will come to fruition.

Gillman explains, "The government doesn't really say when it will put this forward, but the takeaway is that most observers believe the administration has put itself on a path that should help employers."

Gillman predicts it could take a year or more for all of the changes to be implemented, but says he is hopeful that some will take effect in the first quarter of 2015. In the coming months, the US Citizenship and Immigrations Services (USCIS) will produce detailed instructions, regulations and forms relating to these initiatives.