USCIS announces latest regulations on employment based immigrant and non immigrant visa programs

January 21, 2016
The much awaited planned regulation that is withholding of EB-1, EB-2 and EB-3 immigrant employees and program enhancements affecting the non immigrant employees with high skills was issued in the Federal Registrar on 31st December 2015 by the USCIS and the DHS.

USCIS announces latest regulations on H-1B work visas, AC21, I-140 petitions and EADs

Although few latest announcements from the US government that would put an impact on the process of job based permanent resident and the category of H-1B work visa once this decree would become final. 

In the planned regulation, the USCIS and the DHS mentioned that the regulation would improve the regularity within the agency and clarify queries raised over many years. This planned regulation has two months for period of comments. 

Furthermore, on 15th January 2016, these agencies had published a conclusion regulation clarifying provisions related to the E-3 and the H-1B1 employees. 

With the rule of planned implementation of AC21 and ACWIA, the DHS intends to clarify and enhance the long standing procedures and policies in reply to the laws under AC21 and ACWIA.

The rule also clarifies that consistent with the present practice, the H-1Bextensions would be granted in three years increment unless the status applications adjustments are approved. Would continue to include the time remaining in the normal six year period of H-1B status and would continue to apply to those who are in or outside the US. The  H-1B petitioner do not have the similar employer listed in I-140 immigrant visa petition. 

The planned regulation would continue the present practice that the denial or revocation is not final during the period in which appeal is pending so that the H-1B extension could continue to be filed. Government would continue to permit extensions to be filed as early as six months before to the requested H-1B start date and could include any recapture and reminder time, along with time requested under AC21.

H-1B period of admission

The present policy interpretation is added to planned regulation at time spent outside the US could be added back to the six year validity period. 

H-1B limit exempt employers

The planned regulation clarifies and enhances the limit exemption for H-1B petitioning employers.

Maintenance of priority dates

The priority dates for the job based petitions not needing a labor certification is the date that the I-140 petition is signed and filed with the USCIS.

Grace periods for temporary workers

Would permit for the grace period of 10 days at the start and end of job validity period for job visa categories other than the category of H-1B. The DHS is also planning a grace period  of two months to permit for change in job for certain job visa classifications that includes E-1,E-2, E-3, L-1 , H-1B1 and categories of TN.

These are the planned regulations for which comments being accepted till 29th February 2016.

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