Extension of section 245 (i)

Washington – The House passed extension of Section 245(i) which includes a new provision that would require beneficiaries to demonstrate that the required “familial or employment relationship” existed on or before April 30, 2001 (in the House bill) or date of enactment (in the Senate bill). Importantly, this new requirement is retroactive to January 14, 1998.

The Senate bill now states that those who file after April 30, 2001 must demonstrate that the “familial relationship existed before August 15, 2001, or the application for labor certification that is the basis of such petition for classification was filed before August 15, 2001.” (August 15 was the compromise date agreed upon.)

Unfortunately, the compromise bill made no changes on the family-based requirement definition, the relationship mandated in the underlying requirement needs to have existed by August 15, 2001, and the 245(i) extension for labor certification application-based cases is effectively already past. Past experience argues for a clean extension of a longer period of time without new provisions

The announcement has also created a bipartisan legislation in both Houses for similar extensions. The new proposal of a limited 4-month extension with restrictions is subjected to heat up serious discussions and the groups complained that other immigrants should also be included under this proposal.

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