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ARTICLE · 23 NOVEMBER 2016

USCIS Publishes Long-Awaited High-Skilled Immigration Rule

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The United States Citizenship and Immigration Services (USCIS) has published its long-awaited "High-Skilled Nonimmigrant Workers" regulation today, Nov. 18, 2016

United StatesImmigration

The United States Citizenship and Immigration Services (USCIS) has published its long-awaited "High-Skilled Nonimmigrant Workers" regulation today, Nov. 18, 2016. This regulation was proposed on Dec. 31, 2015. It will become effective 60 days from today (on Jan. 17, 2017). Among other things, the regulation does the following:

  • It creates a 60-day grace period for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN workers whose employment has terminated (so long as their authorized validity period has not ended). Individuals will be entitled to this grace period for each authorized validity period the individual receives.
  • It creates an additional 10-day grace period for E-1, E-2, E-3, L-1 and TN workers to enter the U.S. before their authorized employment begins and to leave the U.S. after the end of their authorized employment validity period. Similar grace periods are already available for H-1B, O and P nonimmigrants.

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