This has been a tumultuous year in the immigration space and it ends with a massive proposed regulatory change announced on New Year's Eve by the US Department of Homeland Security (DHS):  "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers".

This is a huge title with 181 pages of proposed regulations concerning employment-based immigration.  As a general statement, it will make policy into regulations and ease some of the pressure on employers and employees in their quest for a greencard. As stated in the summary:  "Many of these changes are primarily aimed at improving the ability of U.S. employers to hire and retain high-skilled workers who are beneficiaries of approved employment based immigrant visa petitions and are waiting to become lawful permanent residents (LPRs), while increasing the ability of such workers to seek promotions, accept lateral positions with current employers, change employers, or pursue other employment options."

Regulations will address I-140 portability and other provisions of legislation passed more than a decade ago, ACWIA and AC21. They will also address issues in securing and maintaining employment authorization for employees transitioning from employers.  To give a taste of the proposed new regulations, DHS suggests a one-time grace period, during an authorized period of validity of up to 60 days when employment ends for individuals holding E-1, E-2, E-3, H-1b, H-1B1, L-1 or TN nonimmigrant status.  On the other hand, DHS would eliminate the regulation requiring adjudication of the employment authorization document (EAD) within 90 days.

The proposed regulations also clarify several ongoing issues, including H-1B visas for persons requiring a license to perform the duties.  The proposed rule would allow the employer to petition for an unlicensed worker, by demonstrating that the worker had applied for the appropriate license but was unable to obtain it because the issuing authority requires a social security number or employment authorization.

The headline is that a host of new regulations are being proposed to make the immigration lives of employers and employees somewhat easier and the path to permanent residency clearer.  Cause for some celebration on New Year's Eve.

Happy 2016!

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