A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Saturday, November 21, 2015

New DHS Rule Could Bring I-140 EAD to the Table

Two days ago, the DHS sent a proposed rule to the Office of Management and Budget (OMB) for review. By law, such review is the first step for any new agency rule to take effect.   

"Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers," is the title of the proposed rule.  

Although the content of the rule would not be disclosed until OMB review has been complete, the title suggests that it will do something to keep employment-based green card applicants in the United States.  Specifically it targets "highly-skilled H-1B" workers who are in the EB-1, EB-2 and EB-3 visa categories.

Further, the abstract also summarizes the purposes of new rule:

1)  To provide "stability and job flexibility" for the beneficiaries of approved employment-based I-140 visa petitions while waiting to apply for permanent resident status.  
2) To conform its regulations with the American Competitiveness in the Twenty-First Century Act of 2000 (AC21).
3) To clarify several interpretive (or legal) questions under ACWIA and AC21 regarding H-1B petitions, and promote consistency by incorporating the policies created by previous policy memos and AAO decisions. 

One may make educated guesses about the rule, which could include EAD for employees with I-140 approvals.  The new rule could also clarify the rules regarding H-1B portability and extension issues.  However, these are only guesses and speculations which should not be relied on until the new rule has been published and adopted by DHS. 

Stay tune for more updates regarding this important new rule! 

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