The government recently published its final regulations designed to modernize and enhance elements of employment-based and immigrant visa programs. These changes facilitate U.S. employers retaining certain high-skilled nonimmigrant employees and these employees seeking new employment opportunities in the U.S.

Following is a summary of the key elements of the final regulations:
– Increase the ability of certain nonimmigrant workers to further their careers by accepting promotions, changing positions with current employers, changing employers and pursuing other employment opportunities.
– Establish a grace period of up to 60 consecutive days during each authorized validity period for some high-skilled nonimmigrant workers when their employment ends before the end of their authorized validity period, so they may more readily pursue new employment and an extension of their nonimmigrant status.
– Allow high-skilled individuals in the U.S 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 they are the principal beneficiaries of an approved Form I-140 petition, an immigrant visa is not authorized for issuance for their priority date, and they can demonstrate compelling circumstances.
– 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 to provide a reasonable amount of time for these individuals to prepare to begin their U.S. employment and to depart the U.S. or take other actions to extend, change, or otherwise maintain lawful status once their employment ends.
– Automatically extend the employment authorization and validity of Employment Authorization Documents (EADs) for certain individuals who apply on time to renew their EADs, and eliminate the requirement for U.S. Immigration to adjudicate EAD applications within 90 days of filing and instead authorize interim EADs in cases where such adjudications are not conducted within the 90-day timeframe.
– Improve job portability for certain beneficiaries of approved immigrant visa 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.
– 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.

More detailed information on these changes can be found at the following link: http://www.regulations.gov. Enter “USCIS-2015-000” in the “Search” box.

The final regulations take effect January 17, 2017, just 3 days before the Inauguration of the new President. As outlined in our recent blogs Part I and Part II on U.S. election impacts, the President-elect’s immigration platform has been strongly in favor of prioritizing U.S. workers, so it remains to be seen if in a year, these new regulations are reversed. We will continue to closely monitor developments.