Long-Awaited USCIS Final Rule For Improved Job Portability

United States, 29th November: Long-Awaited USCIS Final Rule For Improved Job Portability has been announced.

Yes. This has been done by the USCIS.

Long-Awaited USCIS Final Rule For Improved Job PortabilityLong-Awaited USCIS Final Rule For Improved Job Portability-– Long-Awaited USCIS Final Rule For Improved Job Portability has been announced. This was announced by the USCIS(US Citizenship and Immigration Services).

As per the details, the new regulation aimed at improved job portability for high-skilled foreign workers shall be effective 17th January, 2017.

“Long-Awaited USCIS Final Rule For Improved Job Portability will be effective 17th January, 2017. “

New rule to benefit high-skilled non-immigrant foreign workers--The US DHS(Department of Homeland Security) says that the rule will benefit high-skilled non-immigrant workers. It will also benefit EB-1, EB-2 and EB-3 employment-based immigrant workers and their employers.

  • The new ruling adds a 10-day grace period for many temporary work visa categories. It will also formalize a 60-day grace period for protecting employees in temporary work visa status(who find themselves out of employment suddenly).
  • It will give them a time to file for a new visa petition with some other employer. Hence, they shall not be deemed as ‘out of status’ immediately after getting termination.
  • The rule will be codifying rules surrounding cap-exempt US H1B employment. It also clarifies and liberalizes US H1B recapture time. It clarifies when US H1B petitions wanting extensions beyond 6th year of US H1B authorization may get filed. It will allow limited approval of some US H1B visa petitions for positions needing a license before license has been issued and codifies portability conditions.
  • The ruling incorporates changes in US Green Card portability that will equip US employers for employing and retaining high-skilled foreign workers(beneficiaries of employment-based immigrant visa petitions). This shall enable them to change positions with their current employer/accept any new position with any different employer(when position is in any similar field).
  • The final ruling codifies policy guidance given by the USCIS after enactment of American Competitiveness and Workforce Improvement Act of 1998(ACWIA) and American Competitiveness in Twenty-first Century Act of 2000(AC21).
  • Automatic extension of employment authorization and validity of Employment Authorization Documents (EADs or Form I-766s) for certain individuals who apply on time to renew their EADs.

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