DHS Proposes New Rule For Increased Job Flexibility: Part 1

On December 31^st, the Department of Homeland Security issued a proposed rule addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants. The new rule proposes to amend current regulations to "clarify and improve longstanding agency policies" related to provisions in both the American Competitiveness in the Twenty-first Century Act of 2000 ("AC21") and the American Competitiveness and Workforce Improvement Act of 1998 ("ACWIA"). When implemented, the rule has the potential to provide a clear adjudication system for USCIS and benefits for foreign nationals who would like more flexibility in the U.S. job market. While actual implementation is historically varied, we are cautiously optimistic that this rule will provide more standardized guidance for petition and application adjudication at the service centers. This post will examine the benefits for individuals who are already in the permanent residency process.