USCIS Proposes Significant Changes To Employment-Based Immigration System

The United States Citizenship and Immigration Services (USCIS) has introduced sweeping regulations to revamp the employment-based immigration system, ushering in a new era for highly skilled immigrant workers in the U.S. These proposed changes are designed to enhance the mobility and job retention of these workers, creating opportunities for both employers and employees.

The USCIS has outlined several key elements of these proposed regulations, including:

Facilitating Employment Mobility: These regulations aim to empower U.S. employers to employ and retain highly skilled foreign workers who hold approved I-140 petitions. Workers would have the flexibility to accept promotions, change positions, switch employers, and explore new employment opportunities within the U.S.

Enhancing Portability: The proposed regulations seek to limit the grounds for automatic revocation of petition approval, improving the portability of workers with approved I-140 petitions.

Clarifying Priority Date Retention: These changes clarify the circumstances under which foreign workers applying for permanent residence can retain their priority date, even if their I-140 petition has been revoked due to withdrawal or business closure.

Unrestricted Employment Authorization: Certain high-skilled foreign workers in nonimmigrant categories like E-3, H-1B, H-1B1, L-1, or O-1 would be eligible to apply for one year of unrestricted employment authorization under specific conditions, with limited renewal opportunities.

H-1B Petition Clarifications: The proposed regulations address various policies and procedures related to H-1B petitions, including status extensions, cap exemptions, H-1B portability, licensing requirements, and whistleblower protections.

Grace Period for Nonimmigrant Workers: The changes create a one-time 60-day grace period during an authorized validity period for high-skilled nonimmigrant workers, allowing them to pursue new employment and extend their nonimmigrant status when their current employment ends. For comprehensive guidance on U.S. immigration matters, consult with a Florida immigration lawyer. Reach out to one of our experienced Florida immigration attorneys at Jurado & Associates, P.A., by calling (305) 921-0976 or emailing us at [email protected]. We’re here to help you navigate the changes in the immigration law.

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