If it weren’t for a small cadre of relative patriots in the Obama Administration blogging about the plans for sweeping changes in the nation’s immigration system we wouldn’t know a darn thing about just how fundamentally transformed the intent for us is – or that Barack Obama is sharpening the nib on his executive orders pen.
According to Ian Smith at The Hill, the next item on Obama’s immigration “To Do” list is fast track HB-1 visa status. It’s not the HB-1 status exactly that’s being fast tracked, but the application process for something called an EAD card. What the heck is an EAD card, the reader asks. EAD stands for “Employment Authorization Document” and according to Wikipedia:
An employment authorization document (EAD, Form I-766), EAD card, known popularly as a “work permit”, is a document issued by United States Citizenship and Immigration Services (USCIS) that provides its holder a legal right to work in the US. It is similar to, but should not be confused with the green card.
Certain ‘aliens’ (non-residents) who are temporarily in the United States may file a Form I-765, application for employment authorization, to request an EAD. An EAD is issued for a specific period of time based on alien’s immigration situation. Foreign nationals with an EAD can lawfully work in the United States for any employer.
Aliens who are sponsored by US employers and issued temporary work visas for such as H, I, L-1 or O-1 visas are authorized to work for the sponsoring employer, through the duration of the visa . This is known as ’employment incident to status’. Aliens on such work visas do not qualify for an EAD according to the US Citizenship and Immigration Service regulations (8 CFR Part 274a).
It’s that third section that Obama seems to think a phone and a pen can change. Currently under U.S. law, a worker here on an HB-1 visa is “sponsored” by his or her employer via an I-140 application to the government to stay in the country, and work for THAT employer once the original visa runs out. This puts a person in line to get an EAD card to be able to work for ANY employer. What Obama is hell bent on doing is give EAD cards to those with approved I-140 applications for people who are in line for a year regardless of where their home country. Ian Smith explains it thus:
When a temporary (“non-immigrant”) guest worker reaches the front of the immigrant visa queue, they are allowed to submit an application to “adjust” their “status” to that of permanent resident alien. Getting to this stage is key. By regulation an adjustment-of-status applicant automatically receives a coveted work permit or “EAD”. An EAD allows the alien to work anywhere in the country and apply for welfare. It’s the central reason foreigners line up to come here and it’s what Obama’s attempting to distribute to illegal aliens under the DACA and DAPA programs. And for those on guest-worker visas, EADs allow them to stay in the country even when their “temporary” visa (like an H-1b) runs out.
The wait-time between filing an I-140 application and being allowed to file for adjustment-of-status (getting you the golden EAD) is regulated by the State Department and depends not only on one’s filing date, but also on one’s country of origin. But for the millions of aspiring alien workers from overpopulated countries like India, per nation visa quotas have meant a typical wait of 8 to 10 years to get their EADs—Non-skilled workers from any country are also given lengthy wait-times, as there has never been a shortage of poor Americans who need employment. This per-country wait-time is now what Obama’s unilaterally arranging to slash. From now on, filing an adjustment-of-status application won’t be necessary to receive an EAD and any alien who merely has an I-140 petition that’s been approved for a year can obtain the prized work permit.
So, the State Department is on this too. Rather than having guest workers go through the amazingly complicated labyrinth of paperwork installed by Congress to get to stay here in the United States and work and be eligible for welfare, Obama wants to streamline the process and make it easy. All with a pen and a phone. (And create a huge black market for counterfeit EAD cards, but, hey, who’s counting?)
Jazz Shaw over at Hot Air has more details of the wonky variety, but this is the gist of it. The Obama White House wants to open the flood gates for guest workers to become legal aliens. This would, of course, make an already bad employment market worse. All Americans should be aware of this, but given the cryptic nature of government speak and legalese, the dumbed-down masses are bound to be really confused. Once ordinary Americans start losing their jobs because of this, beware of the pitchforks.