The Department of Homeland Security recently published proposed
regulations designed to improve employment-based visa programs for
high-skilled foreign national workers. Some of the proposed
changes would conform with longstanding policies related to H-1B
extensions beyond the normal six-year maximum, eligibility of H-1B
workers and adjustment of status applicants to change employers,
and exemption of certain employers from the H-1B annual
quota. Other proposed amendments would implement new
requirements in these areas, including adhering to specific
timelines regarding the filing of adjustment of status applications
and proposing new definitions of "same" or
"similar" occupations as those terms relate to adjustment
of status applicants changing jobs. The proposed regulations
also establish grace periods for certain nonimmigrant visa
classifications, provide limited circumstances for employment
authorization for beneficiaries of approved immigrant petitions,
and