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ARTICLE · 08 JANUARY 2016

DHS Publishes Proposed Regulations Affecting Foreign Workers

The Department of Homeland Security recently published proposed regulations designed to improve employment-based visa programs for high-skilled foreign national workers.

United StatesImmigration

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

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