The government has released proposed regulations designed to help U.S. employers and foreign-national employees. They especially help employees with approved employment-based immigrant visa (I-140) petitions who are waiting for a visa number to apply for a green card.
Specifically, the proposals include:-
• Clarifying adjudication policies and procedures regarding H-1B petitions (the most popular employment-based visa category), including some “gray areas” such as determining cap exemptions, counting workers under the H-1B cap, and H-1B portability;
• Allowing high-skilled foreign-national employees who are in the U.S. in some of the most widely used employment-based visa categories – namely, E-3, H-1B, H-1B1, L-1, and O-1 – to apply for one year of unrestricted employment authorization, depending on where they are in the green card process and their individual circumstances;
• Providing more stability and flexibility to the beneficiaries of I-140 immigrant visa petitions to allow them to accept promotions, make position changes, and pursue other employment opportunities, and improving employment portability for some I-140 beneficiaries by limiting the grounds on which an approved I-140 can be revoked; and
• Establishing a one-time grace period of up to 60 days for some high-skilled nonimmigrant workers whose employment has ended to enable them to more readily find new employment and extend their valid status in the U.S.
These proposals are outlined in more detail in the December 31, 2015 edition of the Federal Register, and comments are welcomed until February 29, 2016.
Dayzad Law will continue to closely monitor developments, given the potential impact for many of our employers and employees.