United States – DHS Regulation to Ease Job Portability for High-Skilled Foreign Workers

Today, the final version of the long-awaited U.S. Department of Homeland Security (DHS) regulation, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” was published in the Federal Register. The final rule will take effect on January 17, 2017.

The rule amends current regulations concerning employment-based visa programs with the intent to better enable U.S. employers to sponsor and retain high-skilled nonimmigrant workers and provide greater stability and job flexibility for those workers. The rule also aims to clarify several agency policies and procedures and to increase consistency among agency adjudications.

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Tina H. Ho is an Associate in the Raleigh office of Ogletree Deakins


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