Financial District, New York
28 Liberty Street, 6th Floor
New York, NY 10005
(212) 461-7152

NYC Immigration Lawyers Explain How DHS's New Rules Affect Skilled Immigrant Workers December 8, 2016

Financial District, Manhattan
NYC Immigration Lawyers Explain How DHS's New Rules Affect Skilled Immigrant Workers, Manhattan, New York

With an eye to improving the ability of U.S. employers to hire and retain highly skilled workers on employment-related visas, the Department of Homeland Security introduced new final rules that will go into effect on January 17th, 2017. According to Berd & Klauss, PLLC, NYC immigration lawyers offering boutique services to clients around the world, these new rules include several amendments with benefits for nonimmigrant employees and employers alike.

immigration lawyerThe new rules, entitled “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” contain several provisions designed to provide greater flexibility and visa portability to visa holders such as:

  • 60-day grace periods, during which nonimmigrant visa holders will be allowed to search out new employment opportunities if their current job ends before their eligibility period.
  • New rules granting H-1B visa holders the ability to change employers or jobs, either with an H-1B portability petition or bridge petitions.
  • New language clarifying several current DHS policies, including temporary H-1B approvals for some workers unable to obtain adequate licensing.

Several components of the new rules acknowledge the difficulties many highly skilled workers encounter with long waits and extensive backlogs. Once the new rules go into effect, some workers with I-140 applications who have been approved for more than 180 days but haven't yet obtained Lawful Permanent Resident status because of visa backlogs will no longer face automatic revocation. New I-140 applicants will also generally be given a priority date, which may be transferred to subsequently approved petitions.

The immigration lawyers at Berd & Klauss, PLLC pride themselves on offering detailed legal guidance based on a deep and constantly updated knowledge of the DHS rules, regulations, and law. To learn more about how this final rule affects you and to schedule a consultation with a skilled immigration lawyer, visit their website or call (212) 461-7152.

Other Announcements, Events and Deals from Berd & Klauss, PLLC
Why Visitors to the U.S. Should Avoid Marijuana Dispensaries, Manhattan, New York
Marijuana dispensaries operate legally in several U.S. states, which may lead international visitors to assume they can safely visit these establishments. Unfortunately, due to parti...read more
4 Common Reasons for Rejected Visa Applications, Manhattan, New York
Many people hoping to travel to the United States for work, school, or vacation find themselves confused by the visa process, especially when their application is denied. US imm...read more
4 FAQs About Street Encounters with Police, Manhattan, New York
Many undocumented immigrants don’t fully understand their constitutional rights and worry that any interaction with the police will lead to deportation. Fortunately, this is not alwa...read more
4 Questions to Ask Before Hiring an Immigration Attorney, Manhattan, New York
The U.S. immigration system is notoriously complex, with confusing requirements and guidelines that seem to change constantly. Whether you’re applying for a visa or hoping to become ...read more
4 FAQ About Expiring Green Cards , Manhattan, New York
Individuals with a permanent resident alien status are allowed to stay in the United States indefinitely, but the identifying documents issued by USCIS do expire. Fortunately, an exp...read more