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05/22/2015: Employment-Based Immigration Modernization Proposed Rule Making Time Table - Around October 2015

  • The Department of Homeland Security (DHS) is proposing to modernize the immigrant visa system by amending its regulations governing the adjustment of status process and employment-based immigration. Through this rule, DHS proposes to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries to obtain work authorization, clarify the meaning of portable work authorization, and remove unnecessary restrictions on the ability to change jobs or progress in careers, as well as provide relief to workers facing lengthy adjustment delays. The rule-making process is planned to be initiated in October 2015, according to the FY-2016 Spring Annual Rule Making Agenda.
  • Since proposed rule making agenda is set at October 2015, it will take a while before a final rule is completed, published, and implemented. Our site followers may remember our earlier posting on the rule-making steps, beginning from (1) draft of proposed rule; (2) submission of the draft to the White House OMB for review and approval; (3) OMB review and approval from 30 to 90 days or longer; (4) Release of the approved proposed rule in the federal register from 30 days to 90 days for public comment; (5) Review and study of public comments by the bill sponsor with no fixed deadline; (6) Draft of interim final or final rule with no fixed deadline; (7) Submission of the draft of final rule to the OMB for review and approval without fixed deadline; (8) Completion of OMB review within 30 to 90 days and approval; (9) Publishing in the federal register the approved final rule in the federal register: and (10) Implementation of the final rule on effective date which is fixed in the final rule. Only "binding" and enforcement rule is an interim final or final rule. Readers can thus imagine what kind of timeline they have to see the implementation of the binding final rule of EB Immigration Modernization Rule.
  • One good news is that the I-140 EAD or Preregistration plan will indeed move into the rule-making process, even though they will have to keep patience to see this final rule at the end of the rule-making tunnel and light in the next year. Congratulations to the approved I-140 waiter for the propects for EB-485 pre-registration opportunities with accompanying EAD and Travel Documents as well as opportunities to change employment without its effect on the ongoing green card proceeding just as what they for their colleagues who have filed I-485 applications when their priority dates became current and changing employers and go into the free labor market.

05/22/2015: U.S. Department of Labor Planning to Initiate Rule-Making Process for Reform of Current PERM Program Around December 2015

  • As part of the Obama Immigration Actions to modernize immigration system, the DOL plans to initiate the rule making process to propose modernize the PERM program management. The PERM regulations govern the labor certification process for employers seeking to employ foreign workers permanently in the United States. The Department of Labor (Department) has not comprehensively examined and modified the permanent labor certification requirements and process since 2004. Over the last ten years, much has changed in our country’s economy, affecting employers’ demand for workers and the availability of a qualified domestic labor force. Advances in technology and information dissemination have dramatically altered common industry recruitment practices, and the Department has received ongoing feedback that the existing regulatory requirements governing the PERM process frequently do not align with worker or industry needs and practices. Therefore, the Department is engaging in rulemaking that will consider options to modernize the PERM program to be more responsive to changes in the national workforce, to further align the program design with the objectives of the U.S. immigration system and needs of workers and employers, and to enhance the integrity of the labor certification process
  • Readers are aware that right after the Obama Immigration Reform for modernization of the employment & business immigration system, DOL released part of its plan to reform PERM management process by proposing "premium processing" of PERM applications as well as another initiation to take advantage of changed technologies. They will initiate the process in the form of proposed rule, followed by the rule-making process of a final rule for implementation. Please stay tuned.

05/22/2015: USCIS Planning to Complete Final Rule Making Process Around January 2016 for Reform of EB-1B, H-1B1, CW-1, and E-3 Foreign Workers

  • This reform has already completed the stage of proposed rule, awaiting initiation and completion of final rule that is binding and implementable. The USCIS is planning to complete the final stage of this rule making process around January 2016. This reform proposes to include nonimmigrant high-skilled specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3) in the list of classes of aliens authorized for employment incident to status with a specific employer, to clarify that H-1B1 and principal E-3 nonimmigrants are allowed to work without having to separately apply to DHS for employment authorization. DHS is also amending the regulations to provide authorization for continued employment with the same employer if the employer has timely filed for an extension of the nonimmigrant's stay. DHS is also providing for this same continued work authorization 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. In addition, DHS is updating the regulations describing the filing procedures for extensions of stay and change of status requests to include the principal E-3 and H-1B1 nonimmigrant classifications. These changes harmonize the regulations for E-3, H-1B1, and CW-1 nonimmigrant classifications with existing regulations for other, similarly situated nonimmigrant classifications. Finally, DHS is expanding the current list of evidentiary criteria for employment-based first preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations. This harmonizes the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories that already allow for submission of comparable evidence. DHS is amending the regulations to benefit these high-skilled workers and CW-1 transitional workers by removing unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications. Here is the full text of already published proposed rule of this reform. This is a part of the Obama Immigration Actions in legal immigraiton system reform.

05/22/2015: USCIS Planning to Initiate Rule-Making Process Around August 2015 for Significant Public Benefit Parole for Entrepreneurs

  • The Department of Homeland Security (USCIS) is proposing to establish a program that would allow consideration for parole into the United States, on a case-by-case basis, of certain inventors, researchers, and entrepreneurs who will establish a U.S. start-up entity, and who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting edge research. Based on investment, job-creation, and other factors, the entrepreneur may be eligible for temporary parole. This is a part of the Obama Immigration Actions. Please stay tuned.

05/22/2015: Expanded Training Opportunities for F-1 Nonimmigrant Students With a STEM Degree From an SEVP-Certified School

  • ICE, as a part of the Obama Immigration Actions, is planning the rule-making process around August 2015. This proposed rule will propose a new rule to enhance opportunities for F-1 nonimmigrant students graduating with a science, technology, engineering, or mathematics (STEM) degree from a school certified by U.S. Immigration and Custom Enforcement (ICE) Student and Exchange Visitor Program (SEVP), to further their courses of study through practical training. Please stay tuned.

05/22/2015: USCIS Planning to Initiate Rule-Making Process Around July 2015 to Expand Provisional Unlawful Presence Waivers of Inadmissibility

  • The Department of Homeland Security (USCIS) is planning to establish a program that would allow consideration for parole into the United States, on a case-by-case basis, of certain inventors, researchers, and entrepreneurs who will establish a U.S. start-up entity, and who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting edge research. Based on investment, job-creation, and other factors, the entrepreneur may be eligible for temporary parole. This is a part of the Obama Immigration Actions. Please stay tuned.
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twaralone might be 1 yr or 2 yrs some good news on i 140 ppl ki ead karykramama meedha fingers crossed 

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