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USCIS Proposed Rule Impacts Employment-Based Immigrant and Nonimmigrant Visa Categories
Practical Law Legal Update w-001-1379 (Approx. 5 pages)
USCIS Proposed Rule Impacts Employment-Based Immigrant and Nonimmigrant Visa Categories
by Practical Law Labor & Employment
| Published on 06 Jan 2016 • USA (National/Federal) |
US Citizenship and Immigration Services (USCIS) issued a notice of proposed rulemaking intended to improve the employment-based nonimmigrant and immigrant visa programs.
On December 31, 2015, US Citizenship and Immigration Services (USCIS) issued a notice of proposed rulemaking intended to improve the employment-based nonimmigrant and immigrant visa programs. The period to submit comments regarding the proposed rule runs until February 29, 2016.
The proposed rule would:
- Enhance USCIS's consistency in adjudicating certain statutory sections applicable to foreign workers, including sections of the:
- American Competitiveness in the Twenty-First Century Act (AC21); and
- American Competitiveness and Workforce Improvement Act (ACWIA).
- Help US employers employ and retain foreign workers who are beneficiaries of approved Form I-140 employment-based immigrant visa petitions.
- Limit the grounds for automatically revoking I-140 petitions and therefore help I-140 petition beneficiaries to seek new employment opportunities through both:
- priority date retention; and
- green card portability opportunities.
- Clarify the timetable for individuals to keep their priority date when applying for adjustments to their lawful permanent resident status.
- Allow certain high-skilled individuals in the US in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status to apply for one year of unrestricted employment authorization if they:
- are the beneficiaries of an approved I-140 petition;
- remain unable to adjust status due to immigrant visa unavailability, and
- can demonstrate that compelling circumstances exist that justify issuing an employment authorization document.
- Clarify policies and procedures for adjudicating H-1B petitions, including:
- extensions of status;
- determining cap exemptions and counting workers under the H-1B visa cap;
- H-1B portability;
- licensure requirements; and
- protections for whistleblowers.
- Establish a one-time grace period of up to 60 days for certain highly-skilled nonimmigrant workers to pursue new employment opportunities and extend their nonimmigrant status when their employment ends.
Comments may be submitted using the DHS Docket Number, USCIS-2015-0008, by any of the following methods:
- By email to [email protected], using the DHS Docket Number in the subject line.
- By mail to Laura Dawkins, Chief, Regulatory Coordination Division, Office of Policy and Strategy, US Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW, Washington, DC 20529.
- By hand delivery or courier to the above mailing address.