Department of Homeland Security Proposes Amendments to Regulations that Help Employment-Based Immigrants and U.S. Employers

On December 31, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued a request for public comments on a proposed rule change to Department of Homeland Security (DHS) regulations related to some of its employment-based immigrant and nonimmigrant visa programs. The intention is to better enable employers in the United States to hire and retain certain specialized foreign workers who have approved employment-based immigrant visa petitions EB-1, EB-2, or EB-3 categories who are waiting to become lawful permanent residents (LPRs). These proposed rule changes will help U.S. employers who utilize immigrant and nonimmigrant workers by giving them greater job stability and flexibility.

The proposed rule changes would bring more clarity and improve DHS policies and procedures specifically with regard to certain provisions within the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), as well as the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA).

Additional reasons for the DHS amending its regulations include clarifying the following:

• The improvement of job portability for certain I-140 petitions by limiting the grounds for automatically revoking petition approval
• How the H-1B visa may be extended beyond the sixth year, how to calculate H-1B recapture time, clarify when an H-1B nonimmigrant can change jobs or employers without it affecting his or her visa.
• When individuals make keep their priority date to use when applying for adjustment of status to lawful permanent residence
• Various policies and procedures related to the adjudication of H-1B petitions
• And establishing a one-time grace period during an authorized validity period of up to 60 days for certain high-skilled nonimmigrant workers whenever their employment ends so that they can find another job or extend their nonimmigrant status.

For the complete text of the proposed rulemaking, visit the Federal Register.

In general, the proposed amendments seek to make the process more flexible for the foreign employees and their U.S. employers. The rules also attempt to promote more transparency and consistency within the agency. According to the DHS proposal, “The improvements proposed in this rulemaking would help DHS fulfill its responsibility to assist U.S. employers, U.S. workers, and foreign national workers, while strengthening and protecting the U.S. economy. The immigrant and nonimmigrant visa programs at issue in this proposed rule were designed to improve the ability of U.S. employers to hire and retain critical foreign workers, while creating job opportunities for and protecting U.S. workers.”

The public is invited to participate in the rulemaking process by submitting written comments about the proposed changes by the deadline date of February 29, 2016.

If you have questions about the proposed rules, or if you or a family member is need of counsel regarding the immigration policies of the US, please contact Knoxville immigration attorney Patrick Slaughter to reserve a consultation time at the office of LaFevor & Slaughter.