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USCIS Published Groundbreaking Proposed Rule to Make H-1B Employees Mobile

By Keshab Raj Seadie | January 22, 2016

immigration law H-1B Visa Lawyer in New York City

On December 30, 2015, USCIS published 60-Day Proposed Rule Making Notice to deal with: Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers.

USCIS is seeking public comments on a proposed rule that would modernize and improve certain aspects of employment-based nonimmigrant and immigrant visa programs. USCIS is also proposing regulatory amendments to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents (LPRs).

This is a pretty long (180 pages) rule and we are working hard to prepare a detailed impact article and will be sending it to you next week. Here is the summary:

Grace Period for H-1B Workers:

Any H-1B worker can transfer his or her H-1B within 60-day from the date of termination or resignation.

H-1B Extension beyond 6-year using previous Company’s I-140 approval:

H-1B Extension beyond 6-year using previous Company’s I-140 approval even though it is withdrawn by the previous employer or company closure.

Emergency Work Permit

Allow certain high-skilled individuals in the United States in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status to apply for one year of unrestricted employment authorization if they: 1. Are the beneficiaries of an approved I-140 petition, 2. Remain unable to adjust status due to visa unavailability, and 3. Can demonstrate that compelling circumstances exist which justify issuing an employment authorization document.

Clarify various policies and procedures related to the adjudication of H-1B petitions, including, among other things, extensions of status, determining cap exemptions and counting workers under the H-1B visa cap, H-1B portability, license requirements, and protections for whistle blowers.

These proposed changes do not take effect with the publication of the notice of proposed rule-making. Instead, they would take effect on the date indicated in the final rule when the final rule is published in the Federal Register.

Get more information about H-1B Employees, call us at 212-571-6002.