a group of employment-based immigrants to the U.S.
a group of employment-based immigrants to the U.S.

Days ago, officials at the U.S. Department of Homeland Security (DHS) announced a new Final Rule intended to “improve the programs” serving certain skilled nonimmigrant workers while removing “unnecessary hurdles that place such workers at a disadvantage, when compared to similarly situated workers in other visa classifications.”

The new Final Rule, which was officially revealed on Jan. 15th, will reportedly take effect as of Feb. 16th and is not expected to generate any additional costs for workers, employers or government entities.

A Closer Look at the New Final Rule

According to USCIS, some of the most significant changes associated with the new Final Rule applying to employment-related visas include:

  • Allowing H-1B1 and E-3 nonimmigrants to work for employers without having to apply for employment authorization separately – This removes a hurdle for these applicants, streamlining the application process for them.
  • Allowing H-1B1 and E-3 nonimmigrants to obtain extensions of up to 240 days following the expiration of their visas – These extensions are available when the sponsoring employer has filed the extension request on time and the request is pending when the worker’s visa expires.
  • Providing the same opportunities for visa extensions for CW-1 nonimmigrant workers
  • Allowing “for submission of comparable evidence” when employers are applying for EB-1 visas on behalf of professors and researchers.

Noting the motivation behind and potential impacts of this new Final Rule, USCIS Director León Rodríguez has explained that:

We constantly strive to improve our processes and ensure fair and consistent access to immigration benefits… This Enhancing Opportunities rule removes unnecessary hurdles that place workers at a disadvantage and will be beneficial to both employers and their workers.

To view the complete text for the USCIS new Final Rule, click here.

Contact a Los Angeles Immigration Lawyer at the Hanlon Law Group, P.C.

Do you need help securing a family- or employment-based visa? Or do you need assistance resolving any other immigration issues? If so, you can turn to an experienced Los Angeles immigration lawyer at the Hanlon Law Group, P.C.

For more than 15 years, our lawyers have been successfully representing clients in various types of immigration cases, including those that involve the most basic immigration applications to those associated with extremely complicated federal court litigation.

To learn more about our citizenship, immigration and deportation defense services contact us today by calling (626) 684-3712 or (866) 227-5527 or by emailing us using the form at the upper right-hand side of the screen. From our office in Pasadena, we serve clients throughout the Los Angeles area, across the state of California and from around the world.

We offer free, confidential initial consultations to provide potential clients with expert advice regarding their immigration law needs. Additionally, we are able to provide immigration legal services in various languages, including in Spanish, Mandarin, Cantonese, Vietnamese, Korean, Japanese, Bahasa Indonesian, Tagalog and Fukienese.