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ARTICLE · 20 JANUARY 2016

DHS Posts Final Rule To Amend Regulations For H-1B1 And E-3 Nonimmigrant Classifications

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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In this rule, DHS revises its regulations related to H-1B1 and E-3 nonimmigrant classifications in the following ways...

United StatesImmigration
Cassie Ramos
Cassie Ramos
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On Friday, January 15, 2016, the Department of Homeland Security (DHS) posted to the Federal Register the final rule revising regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile, Singapore (H-1B1), and Australia (E-3), among other nonimmigrant and immigrant categories. The rule is effective February 16, 2016. 

In this rule, DHS revises its regulations related to H-1B1 and E-3 nonimmigrant classifications in the following ways:

  1. H-1B1 and principal E-3 classifications will be included in the list of classes of foreign nationals authorized for employment incident to status with a specific employer. This amendment brings the regulations into line with existing policy allowing foreign nationals in H-1B1 and E-3 status to work for the sponsoring employer listed on the petition or visa without having to separately apply for employment authorization.

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