DHS Issues Final Rule To Further Retention Of High-Skilled Immigrants

On November 18, 2016, the U.S. Department of Homeland Security (DHS) issued the final rule, Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, to take effect on January 17, 2017. The final rule establishes additional security and flexibility for high-skilled immigrants in the United States while working to ease some of the current programmatic challenges. This Alert highlights key components of the final rule.

Grace Periods

The final rule establishes a one-time 60-day grace period (or the duration of the existing work authorization, whichever is shorter) for non-immigrant workers when their underlying employment ends. DHS has authorized this grace period for workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status. The grace period does not allow for employment authorization; however, this provides a proscribed duration of time in which the non-immigrant may either wrap up affairs in the