• January 18th, 2016

New DHS Rule to Enhance Opportunities for Certain High-Skilled Immigrant Workers


On January 15, 2016, a Final Rule will be issued by the Department of Homeland Security to benefit certain high-skilled immigrant workers, including those in the H-1B1 (Chile and Singapore) and E-3 (Australia) non-immigrant specialty occupation categories, as well as the EB-1 immigrant visa category for outstanding professors and researchers.

The rule confirms that H-1B1 and E-3 workers who timely file for an extension of their stay are able to continue working for their same employer for up to 240 days while the petition is being adjudicated.

Additionally, the rule broadens the initial evidence that may be presented in an EB-1 Outstanding Professor/Researcher immigrant visa petition to include “evidence that is comparable to the currently accepted evidence” listed in the regulations.  This addition brings the Outstanding Professor/Researcher evidentiary standards in line with those of the Extraordinary Ability category, at least in terms of the range of evidence that can be submitted to satisfy the technical requirements of the classification.

The rule will go into effect on February 15, 2016.

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