Changes to Certain Immigrant and Nonimmigrant Based Employment Visas

The U.S. Department of Homeland Security (DHS) is making changes to the Code of Federal Regulations section titled “Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” that affect certain employment-based immigrant and nonimmigrant visa programs, in particular, the H-1B visas. These changes, which go into effect January 17, 2017, will provide several benefits to participants, including: improved processes for employers wanting to petition and hire immigrant and nonimmigrant workers, more stability and job flexibility for these workers, and increased transparency and consistency of agency policies related to these employee visa classifications.

Most of these changes are expected to help employers hire and keep foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents (LPRs).  Additionally, the changes will enable such workers to seek promotions, accept lateral positions, change employers, or pursue other employment options.

Some of the highlights of these changes in the proposed rule include improved portability for certain beneficiaries of approved employment-based immigrant visa petitions by limiting the grounds for automatic revocation of petition approval; enhanced job portability for beneficiaries by making it easier to retain priority dates for use with subsequently approved employment-based immigrant visa petitions; and establishing or extending grace periods for certain nonimmigrant workers so that they may maintain their nonimmigrant status during changes in employment or status.  These rule changes will also further assist some employment-eligible individuals by automatically extending the validity of Employment Authorization Documents (EADs) for a temporary period upon timely filing a renewal Application for Employment Authorization. Certain high-skilled workers will also enjoy increased job flexibility and stability if they are working in the United States in certain nonimmigrant status, are beneficiaries of approved employment-based immigrant visa petitions, are subject to immigrant visa backlogs, and can demonstrate compelling circumstances that would allow them to apply for independent employment authorization for a limited period.

These and other proposed changes will provide much needed flexibility to the beneficiaries of employment-based immigrant visa petitions, as well as the U.S. employers who employ and sponsor them for permanent residence.

BUSINESS OWNERS AND HR MANAGERS: FIND OUT WHERE YOU STAND!  Your company’s foreign employees may already qualify for a benefit that you are not aware of yet.  If you have never talked to an immigration attorney about your situation before, now is the best time to do so – before the new administration starts making changes that may affect your employees and your business.  Contact an experienced, licensed attorney to find out what YOU can do to help your situation.  If you would like our assistance, contact our office today at 210-932-3600 to set up a consultation.

The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 17, 2021,
(Translated by Google) Highly recommended. Thanks for everything. (Original) Muy recomendado. Graci...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 10, 2021,
(Translated by Google) My experience is one of total satisfaction, a great team of professionals, at...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 7, 2021,
(Translated by Google) They are VERY GOOD immigration attorneys. We have had a professional experien...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Aug 25, 2021,
(Translated by Google) Good attention, professionalism, good price (the good costs) also very access...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Aug 1, 2021,
Cómo contribuir para cuidar el agua. No entiendo porque sigan publicando el panorama obsesivo compu...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jul 14, 2021,
(Translated by Google) Excellent Service and Follow-up, If you need advice on immigration issues, th...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jun 3, 2021,
Mr. Lozano is extremely kind, professional, and more importantly HUMAN! I was very anxious and conce...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
May 25, 2021,
Law Firm Owner Alfredo Lozano and I have been in different Professional Workshops together over the ...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Feb 13, 2021,
The Lozano Law Firm is a great resource for anyone with immigration needs. They were professional, q...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 30, 2020,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jun 23, 2020,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jun 1, 2020,
Alfredo and his staff’s services are unmatched. Friendly team, knowledgeable attorney, and dedicated...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Apr 28, 2020,
muy buen abogado de inmigration, y todo su despacho muy amables, y muy buena informacion!!! lo recom...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Apr 28, 2020,
(Translated by Google) Mr. Lozano is an amazing lawyer. He's so intelligent and caring. I can't than...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Apr 24, 2020,
Fue mi abogado q me ayudó con el caso de mi esposo, se los recomiendo es un buen abogado de inmigrac...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Apr 3, 2020,
Great customer service and are willing to help right away!
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Feb 22, 2020,
I had a very good experience with this lawyer. I am rating it a 5 star rating, only for the outcome ...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Feb 19, 2020,
I would like to thank the Lazano Law Firm for handling my wife's case. Everything went very well for...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jan 25, 2020,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jan 24, 2020,
Janethe Mata es la mejor, siempre me hizo sentir confianza.Todo muy bien buen servicio y atención gr...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jan 24, 2020,
(Translated by Google) Excellent, work is inesplicable everything they did for me ... my most sincer...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Dec 18, 2019,
Es un Abogado Recto y Formal Considerado y Justo, te Dice si oh no, no te tiene Dando Vueltas, Bendi...
Facebook
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Nov 17, 2019,
Was one of the best experiences working in this company! The staff was super friendly and always nic...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Nov 15, 2019,
All experience is good with this law firm. My case is marriage-based green card after 3 years marria...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Oct 30, 2019,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Oct 25, 2019,
(Translated by Google) Alfredo and his team are really the best when it comes to immigration issues....
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 30, 2019,
Best Immigration Attorney, Always on top of my case, really helpful and patient with all my question...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Sep 3, 2019,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Aug 25, 2019,
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Jul 28, 2019,
(Translated by Google) He is a good lawyer my case was lost and now I have a chance to have a better...
Google
The Lozano Law Firm, PLLC The Lozano Law Firm, PLLC
Scroll to Top