Proposal to enhance employment opportunities for high-skilled workers and outstanding professors/researchers

The Department of Homeland Security (DHS)  has released a proposed rule on enhancing opportunities for high-skilled workers and immigrants: "Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants."

DHS proposes to update the regulations to allow nonimmigrant high-skilled specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3) to work legally in the U.S. without having to first apply for employment authorization (EAD).

DHS also proposes to allow these skilled-workers to continue working for same employer if the employer has timely-filed for an extension of the nonimmigrant’s stay.  The same continued work authorization is also proposed 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.

Finally, DHS is also proposing to expand the current list of evidentiary criteria for EB-1 outstanding professors and researchers to be the same as the other employment-based immigrant categories.