Breaking News: O M B Approved I-140 E A D/portability Proposed Rule

[mrindia]

you yes see aye yes web site lo ekkada ledu kada

 

Murthy vadu pettadu

[solman]

both same bhayyaa...

 

basically partners splitted anthe..desi 

 

OH law firm kooda desi vallaedhe naaa

[AverageDesiGuy]

GP

[SeemaLekka]

future lo i140 approve aithe enti benifit denivalla kindly tell know

[solman]

Mala commenting period 3 months pedatara? Aa tarvata start date after 3 months? Sucks..

[jpismahatma]

OH law firm kooda desi vallaedhe naaa

south korea.. or Philippines..

[cnugadu]

http://www.reginfo.gov/public/do/eoDetails?rrid=125729

 

 

Final rule vache sariki may be summer avvochu... expecting in late spring 2016

[vasu123]

http://www.reginfo.gov/public/do/eoDetails?rrid=125729

 

 

Final rule vache sariki may be summer avvochu... expecting in late spring 2016

 

with positive results as we expected or evo chetha conditions thona??. EAD and AP and job mobility veetannitiki chala conditions pedtadu le, andulo unna matter mundu bayitiki rani.

[Barney_Stinson]

Wait for the full publication tammullu

[ranam_007]

http://immigrationgirl.com/omb-review-of-complete-for-proposed-rule-on-retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-highly-skilled-h-1b-alien-workers/

[KillChillPandey]

This Draft seems to be Biskit

[KillChillPandey]

"During this renewal cycle, USCIS is submitting a revision request through a proposed rule entitled, Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,), published in the Federal Register on [insert date]. This rule proposes to provide additional stability and flexibility to certain high-skilled nonimmigrant workers in the United States who are the beneficiaries of approved employment-based immigrant visa petitions but who cannot obtain an immigrant visa number due to current backlogs and are experiencing compelling circumstances. Specifically, the rule proposes to allow such beneficiaries in the United States on E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status to apply for employment authorization for a limited period if there are compelling circumstances that, in the discretionary determination of DHS, justify the consideration of such employment authorization. In order to qualify for a renewal of employment authorization, the difference between such beneficiaries’ priority date and the date upon which the immigrant visas are authorized for issuance for the principal alien’s preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin" 

[solman]

south korea.. or Philippines..

 

 

okk

[solman]

The highly anticipated proposed rule RIN 1615-AC05 has made it through the first step, OMB review is complete. Now we must wait for the proposed rule to be published in the Federal Register. Once the proposal is published, we can expect a 60 day comment period. Following the comment period, the Department of Homeland Security will review all of the comments and decide whether any changes to the rule are needed. The final rule will be submitted to the OMB again for review since this is an economically significant rulemaking. Once OMB approves, the final rule can be published in the Federal Register. Most likely, there will be a 60-day delay before the rule can take effect. So, we are looking at a minimum of 4 months. It is expected that the rule will be in place before President Obama’s term ends.

The big question remains: what exactly is in the rule???

Unfortunately, we just have to wait a little longer for the Federal Register notice. We anticipate that this rule contains the much sought-after I-140 EAD.

We know that the rule is intended to provide greater stability and job flexibility to certain beneficiaries of approved employment-based immigrant petitions during their transition from nonimmigrant to lawful permanent residence status and to enable U.S. businesses to hire and retain highly-skilled foreign-born workers. 

We may have some insight into these “certain” I-140 beneficiaries based on the OMB review of the I-765 form. When an agency wants to update a form (also known as an “Information Collection”) they must submit it to the OMB. You will see in the top right corner of any immigration form, that there is an OMB No. and an expiration date. Last month, the Department of Homeland Security submitted a statement to OMB explaining the changes it intends to make on the I-765 form. In this statement, DHS indicates that part of the reason for change is related to the proposed rule entitled Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers (RIN 1615-AC05). The supporting statements indicates:

This rule proposes to provide additional stability and flexibility to certain high-skilled nonimmigrant workers in the United States who are the beneficiaries of approved employment-based immigrant visa petitions but who cannot obtain an immigrant visa number due to current backlogs and are experiencing compelling circumstances. Specifically, the rule proposes to allow such beneficiaries in the United States on E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status to apply for employment authorization for a limited period if there are compelling circumstances that, in the discretionary determination of DHS, justify the consideration of such employment authorization.  In order to qualify for a renewal of employment authorization, the difference between such beneficiaries’ priority date and the date upon which the immigrant visas are authorized for issuance for the principal alien’s preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin.

The supplemental documents include the planned changes to the I-765 forms and instructions and provides new categories (c)(35) for main applicant and (c)(36) for spouses and children. Evidence to be submitted with the I-765 most likely will include:

1. Proof you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status.Submit a copy of your Arrival-Departure Record (Form I-94) showing your admission as an E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant, or a copy of your current Form I-797 approval notice for Form I-129.

 

2. Proof of Your Approved Form I-140. Submit a copy of a Form I-797 approval notice for Form I-140 showing the Immigrant Petition has been approved for you.

 

 

3. Evidence you are facing compelling circumstances while you wait for your immigrant visa to become available.

 

4. Secondary Evidence. If you do not have the evidence listed in 1, 2, or 3 above, you may ask USCIS to consider other evidence (“secondary evidence”) in support of your application for employment authorization.

 

[KillChillPandey]

 

The highly anticipated proposed rule RIN 1615-AC05 has made it through the first step, OMB review is complete. Now we must wait for the proposed rule to be published in the Federal Register. Once the proposal is published, we can expect a 60 day comment period. Following the comment period, the Department of Homeland Security will review all of the comments and decide whether any changes to the rule are needed. The final rule will be submitted to the OMB again for review since this is an economically significant rulemaking. Once OMB approves, the final rule can be published in the Federal Register. Most likely, there will be a 60-day delay before the rule can take effect. So, we are looking at a minimum of 4 months. It is expected that the rule will be in place before President Obama’s term ends.

The big question remains: what exactly is in the rule???

Unfortunately, we just have to wait a little longer for the Federal Register notice. We anticipate that this rule contains the much sought-after I-140 EAD.

We know that the rule is intended to provide greater stability and job flexibility to certain beneficiaries of approved employment-based immigrant petitions during their transition from nonimmigrant to lawful permanent residence status and to enable U.S. businesses to hire and retain highly-skilled foreign-born workers. 

We may have some insight into these “certain” I-140 beneficiaries based on the OMB review of the I-765 form. When an agency wants to update a form (also known as an “Information Collection”) they must submit it to the OMB. You will see in the top right corner of any immigration form, that there is an OMB No. and an expiration date. Last month, the Department of Homeland Security submitted a statement to OMB explaining the changes it intends to make on the I-765 form. In this statement, DHS indicates that part of the reason for change is related to the proposed rule entitled Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers (RIN 1615-AC05). The supporting statements indicates:

This rule proposes to provide additional stability and flexibility to certain high-skilled nonimmigrant workers in the United States who are the beneficiaries of approved employment-based immigrant visa petitions but who cannot obtain an immigrant visa number due to current backlogs and are experiencing compelling circumstances. Specifically, the rule proposes to allow such beneficiaries in the United States on E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status to apply for employment authorization for a limited period if there are compelling circumstances that, in the discretionary determination of DHS, justify the consideration of such employment authorization.  In order to qualify for a renewal of employment authorization, the difference between such beneficiaries’ priority date and the date upon which the immigrant visas are authorized for issuance for the principal alien’s preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin.

The supplemental documents include the planned changes to the I-765 forms and instructions and provides new categories (c)(35) for main applicant and (c)(36) for spouses and children. Evidence to be submitted with the I-765 most likely will include:

1. Proof you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status.Submit a copy of your Arrival-Departure Record (Form I-94) showing your admission as an E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant, or a copy of your current Form I-797 approval notice for Form I-129.

 

2. Proof of Your Approved Form I-140. Submit a copy of a Form I-797 approval notice for Form I-140 showing the Immigrant Petition has been approved for you.

 

 

3. Evidence you are facing compelling circumstances while you wait for your immigrant visa to become available.

 

4. Secondary Evidence. If you do not have the evidence listed in 1, 2, or 3 above, you may ask USCIS to consider other evidence (“secondary evidence”) in support of your application for employment authorization.