USCIS Proposes Significant Changes to Employment-Based Immigration System

USCIS Proposes Significant Changes to Employment-Based Immigration System

The United States Citizenship and Immigration Services (USCIS) has proposed several regulations to improve the portability and retention of highly skilled immigrant workers in the U.S. The new regulations are “intended to better enable U.S. employers to employ and retain high-skilled workers who are beneficiaries of employment-based immigrant visa petitions, while increasing the ability of such workers to further their careers by accepting promotions, changing positions with current employers, changing employers, and pursuing other employment opportunities,” according to the announcement.

The USCIS said that the proposed regulations would:

• Help U.S. employers employ and retain certain foreign workers with approved I-140 petitions by allowing these workers to accept promotions, change positions, change employers, and pursue other employment opportunities in the U.S.
• Limit the grounds for automatic revocation of petition approval for certain workers with approved I-140 petitions in order to improve portability.
• Clarify when foreign workers applying for permanent residence status can keep their priority date to use, including when the USCIS has revoked an approved I-140 petition because the petition has been withdrawn or because the business closed.
• Allow certain high-skilled foreign workers in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant categories to apply for one year of unrestricted employment authorization if they:
  • Have an approved I-140 petition;
  • Remain unable to adjust status due to visa unavailability; and
  • Can demonstrate that compelling circumstances exist that justify issuing an employment authorization document. Such employment authorization may only be renewed in limited circumstances.

• Clarify various policies and procedures relating to H-1B petitions, including status extensions, establishment of cap exemptions and how workers are counted under the H-1B visa cap, H-1B portability, licensing requirements, and whistleblower protections.
• Create 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 they can pursue new employment and extend their nonimmigrant status

A Florida immigration lawyer can help you understand the process for obtaining visas to visit and conduct business in the U.S. Contact one of the experienced Florida immigration attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

 

 Share

The post USCIS Proposes Significant Changes to Employment-Based Immigration System appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.