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2014-05-10
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Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants
Proposed Rules
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Department of Homeland Security
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The Department of Homeland Security (DHS) proposes to update the regulations to include nonimmigrant high-skilled specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3) in the list of classes of aliens authorized for employment incident to status with a specific employer, to clarify that H-1B1 and principal E-3 nonimmigrants are allowed to work without having to separately apply to DHS for employment authorization. DHS also is proposing to provide authorization for continued employment with the same employer if the employer has timely-filed for an extension of the nonimmigrant's stay. DHS also proposes this same continued work authorization for Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) nonimmigrants if a Petition for a CNMI-Only Nonimmigrant Transitional Worker, Form I- 129CW, is timely filed to apply for an extension of stay. In addition, DHS is proposing to update the regulations describing the filing procedures for extensions of stay and change of status requests to include the principal E-3 and H-1B1 nonimmigrant classifications. These changes would harmonize the regulations for E-3, H-1B1, and CW-1 nonimmigrant classifications with the existing regulations for other, similarly situated nonimmigrant classifications. Finally, DHS is proposing to expand the current list of evidentiary criteria for employment-based first preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations. This proposal would harmonize the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories that already allow for submission of comparable evidence. DHS is proposing these changes to the regulations to benefit these highly skilled workers and CW-1 transitional workers by removing unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.
79 FR 26870
https://www.govinfo.gov/app/details/FR-2014-05-12/2014-10733
2014-10733
fr12my14-16
RIN 1615-AC00
9111-97-P
CIS No. 2515-11
DHS Docket No. USCIS-2012-0005
https://www.govinfo.gov/app/details/FR-2014-05-12/2014-10733
https://www.govinfo.gov/content/pkg/FR-2014-05-12/html/2014-10733.htm
https://www.govinfo.gov/content/pkg/FR-2014-05-12/pdf/2014-10733.pdf
Administrative Practice and Procedures
Immigration
Reporting and Recordkeeping Requirements
Administrative Practice and Procedure
Aliens
Cultural Exchange Programs
Employment
Foreign Officials
Health Professions
Reporting and Recordkeeping
Students
Penalties
17 p.
26870
26886
79 FR 26870
Code of Federal Regulations
Title 8 Part 204
8 CFR Part 204
Code of Federal Regulations
Title 8 Part 214
8 CFR Part 214
Code of Federal Regulations
Title 8 Part 248
8 CFR Part 248
Code of Federal Regulations
Title 8 Part 274
8 CFR Part 274
Regulation Identification Number 1615-AC00
RIN 1615-AC00
Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants; Federal Register Vol. 79, Issue
PRORULE
2014-10733
DEPARTMENT OF HOMELAND SECURITY
2014-07-11
CIS No. 2515-11
DHS Docket No. USCIS-2012-0005
9111-97-P
2014-10733
Proposed rule.
The Department of Homeland Security (DHS) proposes to update the regulations to include nonimmigrant high-skilled specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3) in the list of classes of aliens authorized for employment incident to status with a specific employer, to clarify that H-1B1 and principal E-3 nonimmigrants are allowed to work without having to separately apply to DHS for employment authorization. DHS also is proposing to provide authorization for continued employment with the same employer if the employer has timely-filed for an extension of the nonimmigrant's stay. DHS also proposes this same continued work authorization for Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) nonimmigrants if a Petition for a CNMI-Only Nonimmigrant Transitional Worker, Form I- 129CW, is timely filed to apply for an extension of stay. In addition, DHS is proposing to update the regulations describing the filing procedures for extensions of stay and change of status requests to include the principal E-3 and H-1B1 nonimmigrant classifications. These changes would harmonize the regulations for E-3, H-1B1, and CW-1 nonimmigrant classifications with the existing regulations for other, similarly situated nonimmigrant classifications. Finally, DHS is proposing to expand the current list of evidentiary criteria for employment-based first preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations. This proposal would harmonize the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories that already allow for submission of comparable evidence. DHS is proposing these changes to the regulations to benefit these highly skilled workers and CW-1 transitional workers by removing unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.
Written comments must be received on or before July 11, 2014
Paola Rodriguez Hale, Adjudications Officer (Policy), Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2141. Contact telephone number is (202) 272-1470.
Administrative Practice and Procedures
Immigration
Reporting and Recordkeeping Requirements
Administrative Practice and Procedure
Aliens
Cultural Exchange Programs
Employment
Foreign Officials
Health Professions
Reporting and Recordkeeping
Students
Penalties
Enhancing Opportunities for H1B1, CW1, and E3 Nonimmigrants and EB1 Immigrants
,
USCISFRComment@uscis.dhs.gov
http://people.ischool.berkeley.edu/∼anno/Papers/Americas_new_immigrant_entrepreneurs_I.pdf
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http://www.presidency.ucsb.edu/ws/index.php?pid=19117#ixzz1KvDlYZql
http://www.regulations.gov
http://www.whitehouse.gov/sites/default/files/docs/full_2014_economic_report_of_the_president.pdf
http://www.whitehouse.gov/sites/default/files/docs/report.pdf
http://www.whitehouse.gov/sites/default/files/rss_viewer/immigration_blueprint.pdf
https://egov.uscis.gov/cris/processTimesDisplayInit.do
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