DHS Proposes Significant Changes to Employment-Based Immigration System

DHS Proposes Significant Changes to Employment-Based Immigration System

Recently, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) that has received significant attention.

Over fifteen years ago, two major laws were enacted that dramatically changed the employment-based immigration system: the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). However, many of the main features of these laws were defined by DHS policy memoranda and not implemented through the formal rulemaking process.

The December 30, 2015 NPRM not only intends to finally bring the regulations in line with current DHS policy, but also proposes new changes affecting both the nonimmigrant (temporary) and immigrant visa (permanent) processes.

This article discusses proposed changes to Immigration Petition (I-140) Revocations, H-1B Extensions Beyond Six-Year limit, Priority Date Retention, 60-Day Grace Period, 10-Day Grace Periods, I-140 Job Portability, Adjudication of employment authorization documents (EADs), and Issuance of EADs Due to “Compelling Circumstances.”

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