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IMPACT – HIGH
DHS announced that a final rule containing provisions allowing greater flexibility for high-skilled foreign workers will be published in the Federal Register Friday. It becomes effective Jan. 17, 2017.
The rule provides significant reforms to job portability for employees who have an approved employment-based immigrant visa petition during the wait for a green card.
Key provisions:
Background: The regulation contains long-awaited reforms that allow greater job portability for high-skilled foreign workers and proposes significant policy changes that will affect foreign workers present in the U.S. on nonimmigrant visas or seeking to obtain employment-based green cards.
The regulation implements the American Competitiveness in the 21st Century Act and codifies much of the previous informal guidance by the Department of Homeland Security. The agency proposed the regulation in December and received nearly 28,000 comments on the proposal during the public comment period that ended Feb. 29.
B·A·L Analysis: The new regulation will become effective Jan. 17, 2017, three days before President-elect Donald Trump takes office. The regulation would be a significant development and would have far-reaching implications for foreign workers in the U.S. on nonimmigrant visas. While the new administration may oppose some or all of these provisions, the regulation will remain in effect until new regulations can be published and finalized, or until Congress acts to annul it. B·A·L will provide additional analysis in the coming week on the details of the final rule and is closely monitoring the new administration’s priorities and approach to this rule and other immigration-related policies.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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