USCIS publishes final rule to benefit employers and workers processing employment-based visas

In order to modernize and improve various aspects of some employment-based immigrant and nonimmigrant visa programs, the U.S. Citizenship and Immigration Services (USCIS) has published a final rule announcing that on January 17, 2017, amendments take effect. of certain regulations that will benefit employers and workers.

The amendments will facilitate the process for U.S. employers to hire and retain certain foreign workers whose employment-based immigrant visa petitions were approved and who are waiting to become lawful permanent residents.

Advantages of modifications

  • Improves the way USCIS processes and decides applications for immigration benefits.
  • Allows U.S. employers to employ and retain certain highly skilled workers who have approved employment-based immigrant visa petitions (Form I-140 petitions).
  •  It provides stability and labor flexibility to these workers.
  •  It increases the likelihood of these workers accepting promotions and changing positions with their current employers.
  •  Allows you to change employers and seek other employment opportunities.
  •  Allows some beneficiaries of previously approved I-140 petitions to maintain the validity of a petition under certain circumstances, for example, if an employer withdraws the approved petition or closes the business.
  •  Allows certain highly qualified individuals who are in the United States in E-3, H-1B, H-1B1, L-1 or O-1 nonimmigrant status, including any grace period, to apply for separate, time-limited employment authorization under certain circumstances.
  •  Establishes two grace periods of up to 10 days for persons who are under E-1, E-2, E-3, L-1 and TN nonimmigrant classifications to give them reasonable time to prepare to begin employment in the country and to depart the United States or take other actions to extend, change or otherwise maintain their lawful status.
  •  Establishes a grace period of up to 60 consecutive days for certain nonimmigrant workers to seek new employment and extension of their nonimmigrant status if their employment terminates before the end of their employment authorization.
  •  Automatically extends the employment authorization and validity of Employment Authorization Documents (EADs or Forms I-766) for certain individuals applying for renewal of their EAD.
  •  Eliminates the requirement that USCIS process and approve Form I-765, Application for Employment Authorization, within 90 days of filing the application.

For more information, visit the Working in the United States from the official USCIS website.