USCIS Planning to Implement Rule to Improve Various Employment Based Visa Programs
On December 31, 2015, USCIS announced a proposed rule that aim to improve various employment based immigrant and nonimmigrant visa programs. USCIS is currently seeking public suggestions and comments regarding the rule to improve the related visa programs. The cutoff date for public comments is on February 29, 2016. To read the proposed amendments and instructions on how to comment, please visit https://www.gpo.gov/fdsys/pkg/FR-2015-12-31/html/2015-32666.htm.
Under this proposed rule, The Department of Homeland Security aims to:
Limit the ground of automatic revocation of approvals for certain beneficiaries of approved I-140 to improve job portability
“Clarify when individuals may keep their priority date to use when applying for adjustment of status to lawful permanent residence, including when USCIS has revoked the approval of their approved I 140 petitions because the employer withdrew the petition or because the employer’s business shut down.”
Clarify H-1B adjudication policies such as extensions of status, H-1B portability and licensure requirements.
Allow high- skilled individuals with E-3. H-1B. H-1B1, L-1 or O-1 visas who are beneficiaries of an approved I-140, cannot adjust status due to visa unavailability, and can demonstrate compelling circumstances to justify employment authorization to apply for one year of unrestricted employment authorization.
Create a grace period of 60 days during an authorized validity period for certain high skilled workers to find new employment and extend their nonimmigrant status whenever their employment ends.
Improve U.S employer’s ability to retain foreign workers who are beneficiaries of approved I-140 petitions and improve the worker’s ability to advance their career by accepting promotions, change positions, change employers, and other actions.
To learn more about these proposed changes, please visit http://www.uscis.gov/news/uscis-seeks-comments-proposed-rule-affecting-certain-employment-based-immigrant-and-nonimmigrant-visa-programs.
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