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DHS’s Final Rule Impacting Highly Skilled Workers Effective February 16, 2016

The Department of Homeland Security’s (DHS) final rule, effective on February 16, 2016, revises regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3); the immigrant classification for employment-based first preference (EB-1) outstanding professors and researchers; and nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification.

In particular, DHS is including H-1B1 and principal E-3 classifications in the list of classes of foreign nationals authorized for employment incident to status with a specific employer. This means that H-1B1 and principal E-3 nonimmigrants are allowed to work for the sponsoring employer without having to separately apply for employment authorization. Additionally, DHS is authorizing continued employment with the same employer for up to 240 days for H-1B1 and principal E-3 nonimmigrants whose status has expired while their employer’s timely filed extension of stay request remains pending.

This final rule does not impose any additional costs on employers and minimizes the potential of employment disruptions.

Please contact our office if you have any questions about the final rule or need any assistance.

For more information about DHS’s revised regulations affecting highly skilled workers, please go to USCIS’s website.