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Final Rule Published Regarding Employment-Based Visas

Every fiscal year, over 100,000 people qualify for employment-based immigrant and nonimmigrant visas. It is safe to say that they make up a huge part of the visas that are given to applicants every year. (1) This month, November 2016, the USCIS published a final rule for certain employment-based immigrant and nonimmigrant visa programs that is said to be a huge improvement. Along with this, they have also amended certain regulations to better enable U.S. employers to hire certain foreign workers who are on their way to becoming lawful permanent residents.

Regulation Amendments

DHS has amended many regulations, including some of the following:

  • Clarification and improvement of longstanding DHS policies and practices
  • Better enabling of U.S. employers to employ and retain workers who are high-skilled and approved for employment-based immigrant visa petitions
  • Improve job portability of those who have been approved for Form I-140
  • Allow certain high-skilled individuals in the United States if they meet the requirements (2)

There is now an improved process and increased certainty for U.S. employers seeking to sponsor these types of workers, as well as greater stability and job flexibility offered. This final rule will be effective come January 17, 2017. (3)

(1) https://travel.state.gov/content/visas/en/immigrate/employment.html

(2) https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs

(3) https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled