IMPACT – HIGH
A regulation that contains provisions allowing greater flexibility for high-skilled foreign workers is awaiting approval by the Office of Management and Budget before a final version is published.
The proposed 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 proposed provisions:
Background: The proposed 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.
BAL Analysis: The proposed regulation is not effective yet, but is in the final stages of approval. The agency was required to consider the comments submitted by members of the public in finalizing the rule and may have made changes to the proposal. If finalized as proposed, the regulation would be a significant development and would have far-reaching implications for foreign workers in the U.S. on nonimmigrant visas.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
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