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On Nov. 18, the Department of Homeland Security published a final rule expanding job portability for high-skilled foreign workers that will take effect January 17, 2017.
B·A·L’s Government Affairs team has prepared a table detailing the significant provisions in the regulation. Some highlights of the rule include:
Key Differences Between Proposed and Final Rule
During the public comment period, DHS received nearly 28,000 comments on the proposed rule, including recommendations from BAL and other industry stakeholders. As a result, the final rule contains some important changes, including:
Read B·A·L’s full summary of the regulation’s provisions here.
B·A·L Analysis: The regulation will have far-reaching implications for foreign workers in many high-skilled visa categories and addresses some of the issues with backlogged visa categories that can inhibit employers from hiring and retaining these workers. President-elect Donald Trump has not indicated whether he supports or opposes the rule, which will take effect shortly before he takes office and will remain in effect unless DHS or Congress acts to repeal or replace it. Given the uncertainty of the regulation’s future under the new administration, businesses and individuals may wish to contact their B·A·L professional to determine if and how they may benefit from the regulation in a timely manner.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
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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