DHS Enhances Opportunities for H-1B1, E-3,
CW-1 Nonimmigrants and Certain EB-1 Immigrants, Final Rule Posted
WASHINGTON – The Department of Homeland Security 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 Rodríguez said. “This Enhancing Opportunities rule
removes unnecessary hurdles that place workers at a disadvantage and will be
beneficial to both employers and their workers.”
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