DHS Publishes Proposed Amendments to EB-1, EB-2, EB-3 and H-1B Visas

The Department of Homeland Security is making proposals that would change some of the regulations that govern the EB-1, EB-2, EB-3 Visas as well as the ever popular H-1B Visa. These amendments would constitute an increase in what these programs have to offer, including a more efficient application process for employers, increased job security assurances for employees, more flexibility of on the job tasks and in general more transparency in the application process. These modifications are on the whole intended to increase the ability of employers to rehire immigrant workers who have specialized skills and who have also applied to become permanent citizens.

Amendments to others acts, like the American Competitiveness in the Twenty-first Century Act of 2000 and the American Competitiveness and Workforce Improvement Act of 1998, will need to be calibrated at the same time. This will mean a restatement of certain de facto policies as delineated in agency memoranda and customary practice that have not yet been articulated.

It is hoped that these efforts combined will create a more consistent and stable platform repository of procedure and practices that will increase the efficiency of policy implementation.

Further amendments meant to establish department goals include making it more difficult for approved applications to be revoked, allowing for more flexible rules that govern how high skilled immigrants can find new employment, and create more clear procedures for high skilled workers in certain non-immigrant statuses to independently apply for employment, as opposed to having to wait for the employer to initiate the process.

A final measure is being taken to change regulations so as to reduce the risk of gaps in the application process.