Immigration News - United States Final rule to benefit H-1B1, E-3, and CW-1 nonimmigrant workers, EB-1 outstanding researchers Share this article LinkedIn Facebook X (Twitter) January 14, 2016 Under a final rule that will take effect Feb. 16, highly skilled professionals from Australia, Chile and Singapore under the H-1B1 and E-3 categories will be allowed to work based on their status with a specific employer rather than having to apply separately for employment authorization. In addition, if the employer has filed to extend their status, their employment authorization with that employer will be extended for 240 days beyond the expiration of their current stay. Additionally, the rule benefits outstanding professors and researchers in the employment-based first preference category (EB-1) by allowing them to submit expanded types of evidence to prove they are internationally recognized as outstanding in their academic fields. Currently, applicants are limited to an enumerated list of initial evidence to prove their qualifications. The rule will allow applicants to submit evidence that is comparable to accepted items on the current list. The purpose of the rule is to remove unnecessary obstacles for highly skilled workers and to reduce disruption of the continued employment of H-1B1 and E-3 highly skilled professionals seeking extensions of status, in line with the rules for other nonimmigrant categories. The rule similarly permits continued employment while an extension request is pending for nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification. The expansion of acceptable evidence for outstanding professors and researchers in the EB-1 category harmonizes the rules among employment-based categories and provides greater flexibility for employers who are recruiting researchers in this preference category. The Department of Homeland Security proposed the rule in May 2014. The final rule is due to be published in the Federal Register Jan. 15 and takes effect Feb. 16. 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.
Immigration News Ireland | IRP renewal processing delays, notice ahead of holiday travel Ireland’s Immigration Service Delivery published an update on Irish Residence Permit (IRP) card processing times, which are currently… October 30, 2026 Read More
Immigration News United States | DHS suspends a visa-free travel program for Chinese nationals On Oct. 29, the Department of Homeland Security announced it has suspended the Economic Vitality & Security Travel Authorization Program… October 30, 2026 Read More
Immigration News South Korea | Updates to E-7-4 skilled worker visa, online visa guide pilot announced On Oct. 22, 2026, South Korea’s Ministry of Justice announced updates to the Skilled Workforce (E-7-4) System, which allows certain… October 28, 2026 Read More
Immigration News United States | Saudi Arabia added to CBP’s list of Global Entry partner countries Today, U.S. Customs and Border Protection (CBP) announced that Saudi Arabia is an official Global Entry partner. Key takeaways: Membership… October 27, 2026 Read More