The Department of Homeland Security (DHS) amended its
regulations today to improve the programs serving the H-1B1, E-3 and CW-1
nonimmigrant classifications and the EB-1 immigrant classification, and remove
unnecessary hurdles that place such workers at a disadvantage when compared to similarly
situated workers in other visa classifications.
This final rule, posted to the Federal Register today and
effective on Feb. 16, revises regulations affecting highly skilled workers
in the nonimmigrant classifications for specialty occupations from Chile,
Singapore (H-1B1) and Australia (E-3); the immigrant classification for
employment-based first preference (EB-1) outstanding professors and
researchers; and nonimmigrant workers in the Commonwealth of the Northern
Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification.
Specifically, this final rule amends DHS regulations as
described below:
DHS is including H-1B1 and principal E-3 classifications in
the list of classes of foreign nationals authorized for employment incident to
status with a specific employer. This means that H-1B1 and principal E-3
nonimmigrants are allowed to work for the sponsoring employer without having to
separately apply for employment authorization.
DHS is authorizing continued employment with the same
employer for up to 240 days for H-1B1 and principal E-3 nonimmigrants whose
status has expired while their employer’s timely filed extension of stay
request remains pending.
DHS is providing this same continued employment
authorization for CW-1 nonimmigrants whose status has expired while their
employer’s timely filed Form I-129CW, Petition for a CNMI-Only Nonimmigrant
Transitional Worker, request for an extension of stay remains pending.
Existing regulations on the filing procedures for extensions
of stay and change of status requests now include principal E-3 and H-1B1
nonimmigrant classifications.
Employers petitioning for EB-1 outstanding professors and
researchers may now submit initial evidence comparable to the other forms of
evidence already listed in 8 CFR 204.5(i)(3)(i), much like certain
employment-based immigrant categories that already allow for submission of
comparable evidence.
This final rule does not impose any additional costs on
employers, workers or any governmental entity. Further, changing the employment
authorization regulations for H-1B1 and E-3 nonimmigrants makes them consistent
with other similarly situated nonimmigrant worker classifications. Additionally,
this rule minimizes the potential of employment disruptions for U.S. employers
of H-1B1, E-3 and CW-1 nonimmigrant workers. Finally, DHS expects that this
change will help U.S.
employers recruit EB-1 outstanding professors and researchers by expanding the
range of evidence that U.S.
employers may provide to support their petitions.
“We constantly strive to improve our processes and ensure
fair and consistent access to immigration benefits,†U.S. Citizenship and Immigration
Services Director León RodrÃguez said. “This Enhancing Opportunities rule
removes unnecessary hurdles that place workers at a disadvantage and will be
beneficial to both employers and their workers.â€
