USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

Among other things, DHS is amending its regulations to:
1. Clarify and improve longstanding DHS policies and practices implementing sections of the American Competitiveness in the Twenty-First Century Act and the American Competitiveness and Workforce Improvement Act related to certain foreign workers, which will enhance USCIS? consistency in adjudication.
2. Better enable U.S. employers to employ and retain high-skilled workers who are beneficiaries of approved employment-based immigrant visa petitions (Form I-140 petitions).
3. Improve job portability for certain beneficiaries of approved Form I-140 petitions by maintaining a petition?s validity under certain circumstances despite an employer?s withdrawal of the approved petition or the termination of the employer?s business.
4. Clarify and expand when individuals may keep their priority date when applying for adjustment of status to lawful permanent residence.
5. Allow certain high-skilled individuals in the United States with E-3, H-1B, H-1B1, L-1 or O-1 nonimmigrant status, including any applicable grace period, to apply for employment authorization for a limited period if:
(i) They are the principal beneficiaries of an approved Form I-140 petition,
(ii) An immigrant visa is not authorized for issuance for their priority date, and
(iii) They can demonstrate compelling circumstances exist that justify DHS issuing an employment authorization document in its discretion.
6. Clarify various policies and procedures related to the adjudication of H-1B petitions, including, among other things, providing H-1B status beyond the six year authorized period of admission, determining cap exemptions and counting workers under the H-1B cap, H-1B portability, licensure requirements and protections for whistleblowers.
7. Establish two grace periods of up to 10 days for individuals in the E-1, E-2, E-3, L-1, and TN nonimmigrant classifications.
8. Establish a grace period of up to 60 consecutive days during each authorized validity period for certain high-skilled nonimmigrant workers.
9.Automatically extend the employment authorization and validity of Employment Authorization Documents (EADs or Form I-766s) for certain individuals who apply on time to renew their EADs.

Abhinav Goel is an immigration attorney at GYLAW GROUP LLC, Washington DC, USA. He can be reached at abhinav@gylawgroup.com

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