Immigration has published amended rules for hiring foreign workers

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US Citizenship and Immigration Services has published final rules on improving some aspects of employment based on non-immigration programs and immigration visas.

Among other things, the service has improved the regulation of the issue of hiring and continuing work regarding foreign workers who are awaiting a decision on issuing a green card, having already approved an immigration petition. These rules come into effect on January 17 of 2017.

In particular, the Department of Homeland Security (DHS) has improved regulation in the following areas:

• Gave more opportunities to American employers to hire and retain highly skilled workers who have an approved immigration petition (Form I-140), and at the same time ensured stability and flexibility in choosing jobs for these workers. Innovations increase the chances of such employees for career growth, allowing them to get promoted, change positions at the current job, change employers and use other job opportunities.
• Improved working mobility of certain workers with an I-140 approved immigration petition, leaving the petition in force, even if the employer withdraws an already approved petition or closes the business.
• Explained and increased the period when a person can save the so-called priority date (the date of acceptance of documents by the immigration service) in case of a change in status to receive a green card.
• Allow some highly qualified employees of E-3, H-1B, H-1B1, L-1 or O-1 to apply for a work permit for a limited period of time if:
  - they are the primary beneficiaries of the approved Form I-140;
  — immigrant visas are not allowed for issue based on their priority date (this date determines the person’s place in their visa queue);
  - They can provide compelling evidence that will allow DHS to issue a work permit at its discretion.
• He clarified various procedures related to adjudication of H-1B, including granting H-1B status after 6 years of the allowed period.
• Established 2 grace periods for 10 days for individuals with non-immigrant E-1, E-2, E-3, L-1 and TN visas to enable these people to prepare to start working in the country or leave the United States, or to take action in order to extend, change or in any other way maintain its legal status of stay in the United States.
• Established a grace period on 60 consecutive days for some highly qualified non-immigrant visa workers if they stop work before the work permit expires. This will allow them to find a new job and continue their legal stay.
• Allowed to automatically renew a work permit for certain individuals who timely submitted documents for updating their work permit.

Previously, ForumDaily reported that in the last 3 of the year in the USA gone missing thousands of green cards. Electronic system errors led to the fact that 19 thousands of green cards were re-manufactured or they contained inaccurate data: names, dates of birth, gender, photos and other errors.

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