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Proposed changes in employment-based immigration

Foreign nationals in South Carolina who have visas to work in the United States may be interested in some proposed changes put forth by the United States Citizenship and Immigration Service. Final rulings may alter from these proposals, and they will not be put into place until later in 2016.

One of those proposed changes is an extension of the validity period for the Employee Authorization Document. This will be helpful for employees who are waiting on an adjustment related to their employment. If the extension is filed before the EAD expires, the person will have an additional 180 days past the expiration death to continue working. This is to account for processing delays.

There may also be changes for H1-B cap-exempt entities. This will largely be of use to people affiliated with institutions of higher education who have residencies at nonprofit hospitals and health care providers.

Under the proposed rules, if an employer withdraws an immigration application, the employee can still benefit from it. They will not lose their priority date, and they may extend their H-1B status or use their prior approval to change jobs in some circumstances. Finally, the new rules will give some employees a grace period of 60 days to prepare to leave or find a new job if their employment ends.

This proposal demonstrates both the complexity and types of changes that may occur with immigration law. People who hope to remain in the United States to work or study may wish to consult an attorney to discuss these laws. In addition to employment-based immigration, people might be eligible to live in the United States for other reasons including family or refugee status. An attorney may be able to help ensure that paperwork is completed correctly and in a timely fashion.

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