Happy new year to
all! In the U.S., we look forward to what promises to be an exciting New
Year on the immigration and nationality law front. In anticipation of
the New Year we were provided with a new DRAFT rule from the U.S.
Department of Homeland Security (DHS) about employment-based green card
processing, nonimmigrant work visas and employment authorization
documents (EADs). The regulation is 181 pages in length and it affects a
large portion of the country's skilled immigrant workers as well as
potentially millions of others that may apply for EADs.
all! In the U.S., we look forward to what promises to be an exciting New
Year on the immigration and nationality law front. In anticipation of
the New Year we were provided with a new DRAFT rule from the U.S.
Department of Homeland Security (DHS) about employment-based green card
processing, nonimmigrant work visas and employment authorization
documents (EADs). The regulation is 181 pages in length and it affects a
large portion of the country's skilled immigrant workers as well as
potentially millions of others that may apply for EADs.
The new regulation
has its genesis in several of the memoranda that were promulgated by
President Obama in November 2014. In the regulatory summary, the USCIS
notes that it is seeking to provide: (1) improved processes for US
employers sponsoring and retaining immigrant and non-immigrant workers;
and (2) greater stability and job flexibility for such workers; and (3)
increased transparency and consistency in the application of agency
policy.
The goal of the proposed regulation is to make it
easier for U.S. employers to hire and retain workers who are the
beneficiaries of employment-based green card petitions and also to
increase the ability of workers to seek promotions, accept lateral
positions with current employers, change employers, and/or pursue other
employment options. In addition, the proposed new rule also makes
significant changes to the EAD process. The 90-day time limit for
adjudicating EAD applications would be changed "in light of national
security and fraud concerns." However, USCIS has offered a "quid pro
quo" by providing for an automatic extension of employment authorization
for timely filed I-765 renewal applications. Note the potential impact
upon the Form I-9 Employment Verification process. The new rule is quite
dense and will require a great deal of analysis. We will continue to
keep our readers posted.
has its genesis in several of the memoranda that were promulgated by
President Obama in November 2014. In the regulatory summary, the USCIS
notes that it is seeking to provide: (1) improved processes for US
employers sponsoring and retaining immigrant and non-immigrant workers;
and (2) greater stability and job flexibility for such workers; and (3)
increased transparency and consistency in the application of agency
policy.
The goal of the proposed regulation is to make it
easier for U.S. employers to hire and retain workers who are the
beneficiaries of employment-based green card petitions and also to
increase the ability of workers to seek promotions, accept lateral
positions with current employers, change employers, and/or pursue other
employment options. In addition, the proposed new rule also makes
significant changes to the EAD process. The 90-day time limit for
adjudicating EAD applications would be changed "in light of national
security and fraud concerns." However, USCIS has offered a "quid pro
quo" by providing for an automatic extension of employment authorization
for timely filed I-765 renewal applications. Note the potential impact
upon the Form I-9 Employment Verification process. The new rule is quite
dense and will require a great deal of analysis. We will continue to
keep our readers posted.
2016 is an election year and given the "political football" that the
immigration law is we suggest that our readers continue to check-in with
our U.S. and Canadian immigration law attorneys and lawyers for changes
to the law as they may occur. We continue to remind our readers, their
friends and families, that we are U.S. and Canadian immigration lawyers
with locations in NJ, NY, IN and MA. We continue to strive to get the
very best results that we can for our clients and we continue to try to
offer ways for our clients to understand the nuances of immigration law
in their native language(s) (e.g. Spanish, Korean, Slovak, Hindi,
etc.).
Please feel free to contact us with any questions that
you may have at info@visaserve.com or you can also call us at
201-670-0006 (x107). Happy new year and we look forward to being of
assistance to you, your friends and your family members.
No comments:
Post a Comment