United States: DHS publishes new rule: Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers

Posted by Immigration Law Team|US Immigration
Jan 17

In Brief

On January 17, 2017, the Department of Homeland Security (DHS) published a new rule which amends its regulations related to certain employment-based immigrant and non-immigrant visa programs.


The new rule will benefit U.S. employers and foreign workers participating in certain programs, by increasing job portability and providing stability and flexibility for foreign workers. The new rule will also streamline some of the processes affecting non-immigrant workers seeking permanent residence status through employment.

Key issues addressed in the new rule include the following: Retention of priority dates, retention of employment-based visa petitions, new grace periods for non-immigrant workers, and automatic extension of certain Employment Authorization Documents (EADs) pursuant to a renewal application. DHS stated that these changes will codify and improve existing policies concerning various employment-based immigrant and nonimmigrant visa classifications.

For more detailed information on the changes that will occur as a result of this publication, please refer to our previous post on this matter, which discusses the upcoming changes in detail:

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