Final Rule on Certain Employment-Based Visa Programs: How Will the Changes Affect You?
Looking for A Specific Post? Search Below
A Naperville Immigration Lawyer Can Answer Your Questions!
On November 18, 2016, the US Citizenship and Immigration Services (USCIS) published the final version of a rule that impacts certain employment-based immigrant and nonimmigrant visa programs. The long-awaited rule is the agency’s way of legitimizing business immigration processes that were previously unofficial. With publication of the Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, these practices now have legal effect. Starting on January 17, 2017, the rule will provide various benefits intended to improve the ability of US companies to hire certain immigrant and nonimmigrant workers. Here are some of the key provisions you should discuss with an experienced immigration attorney to determine how they may impact you.
Employment-Based Immigrant Visa Programs: This category of programs under the Immigration and Nationality Act includes individuals who are seeking permanent residency in the US based upon employment. There are five classification levels, ranging from highly achieved workers to unskilled laborers. The new rule:
- Provides guidance on the portability of approved I-140 immigration petitions in the EB-1, EB-2, and EB-3 classification levels. In the case of a worker within these preference groups, a Form I-140 that has been approved for 180 days or longer will not be automatically revoked based on withdrawal by the petitioner or termination of the petitioner’s business;
- Authorizes certain beneficiaries of approved EB-1, EB-2, and EB-3 Form I-140 petitions to adjust status or change jobs without invalidating their approval status; and,
- Grants a 60-day grace period for certain individuals who are no longer working for the employer who sponsored them.
Employment-Based Nonimmigrant Visa Programs: Nonimmigrant classification extends to those individuals who seek to enter the US for a specific time period. In general, visas granted under these programs do not lead to permanent resident status because of the temporary nature of the person’s stay. The final rule becoming effective in January 2017 has a considerable impact on those holding an H-1B visa, which covers specialty occupations in the areas of technology, medicine, engineering, architecture, accounting, finance, and other industries.
- It describes the eligibility requirements for portability and the specific time period that employment in the US is authorized;
- It explains the detailed filing requirements for certain H-1B visa holders that require an occupational license to work; and,
- The new rule establishes requirements for extending H-1B status beyond the six year limit granted for most visa holders.
In addition, the rule provides a six month work authorization extension for individuals who have a renewal application pending before the USCIS.
A Knowledgeable Immigration Lawyer Can Help
The final rule on employment-based visa programs is intended to streamline certain business immigration processes, but it’s still important to work with an experienced immigration lawyer to ensure compliance with all USCIS rules. The regulatory scheme is extremely complex and an attorney can help you navigate the requirements. The lawyers at Kriezelman Burton & Associates, LLC have more than 40 years of experience in handling employment-based visa programs, so please contact our Chicago office to hear more about our immigration services.
Lo que dicen nuestras clientas
Calificación de 5 estrellas | Basado en 200+ reseñas de clientes satisfechos en Google
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
Huge thanks to Attorney Matthew for his incredible support on our immigration case! 🙏 He was professional, responsive, and his expertise led to a successful outcome. We truly appreciate his hard work and highly recommend his service.
I’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
I give my total recommendation and trust in this great organization that has supported me and my family in very difficult times, especially the lawyer Andrea Ochoa and her paralegal Rafael who were little angels that God has sent us to be able to face all the obstacles that we have had along the way. Thank you very much with all my heart. ❤️
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
¡Programe una consulta!
Publicidad de abogados. Esta información está diseñada solo para información general. La información presentada no debe interpretarse como asesoramiento legal formal ni como la formación de una relación abogado/cliente. Los resultados y testimonios anteriores no son garantía ni predicción del resultado de su caso, y no deben interpretarse como tales. Los resultados pasados no pueden garantizar el rendimiento futuro. Cualquier resultado en un solo caso no pretende crear una expectativa de resultados similares en asuntos futuros porque cada caso involucra muchos factores diferentes, por lo tanto, los resultados diferirán caso por caso. Al proporcionar información de contacto, los usuarios reconocen y dan su consentimiento explícito para ser contactados a través de los métodos de comunicación proporcionados, incluido SMS. Se pueden aplicar tarifas por mensajes y datos. La frecuencia de los mensajes puede variar. Responda STOP para optar por no participar.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy