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DHS/USCIS RIN: 1615-AC00 Publication ID: 2012 
Title: ●Enhancing Opportunities for High-Skilled H-1B1 and E-3 Nonimmigrants and EB-1 Immigrants 
Abstract: The Department of Homeland Security (DHS) proposes to amend its regulations affecting high-skilled workers within the nonimmigrant classifications for specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3), and the immigration classification for employment-based first preference (EB-1) outstanding professors or researchers. DHS proposes changes that would harmonize the regulations for E-3 and H-1B1 nonimmigrant classifications with existing regulations for other, similarly situated nonimmigrant classifications. DHS is proposing these changes to the regulations to encourage and facilitate the employment and retention of these high-skilled workers. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 204    8 CFR 214    8 CFR 248    8 CFR 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 USC 1101    8 USC 1103    8 USC 1151    8 USC 1153    8 USC 1154    8 USC 1182    8 USC 1184    8 USC 1186a    8 USC 1255    8 USC 1641    ...   
Legal Deadline:  None

Statement of Need: DHS proposes to amend its regulations to improve the programs serving the E-3 and H-1B1 nonimmigrant classifications and the EB-1 immigrant classification for outstanding professors and researchers. The regulatory changes to these categories would significantly improve procedures to more effectively encourage and facilitate the retention of these high-skilled workers in the United States.

Anticipated Costs and Benefits: The portion of the proposed rule addressing E-3 and H-1B1 visas would extend the period of employment authorized while requests for an extension of these employment-based nonimmigrant visa classifications are being reviewed. We do not anticipate that this rule would impose any additional costs. The benefits of this portion of the proposed rule include easing the regulatory burden on employers of E-3 and H-1B1 nonimmigrants and avoiding potential gaps in employment for these nonimmigrant workers. The portion of the proposed rule addressing the evidentiary requirements for the EB-1 outstanding professor and researcher employment-based immigrant classification would allow for the submission of comparable evidence (achievements not listed in the criteria such as important patents or prestigious, peer-reviewed funding grants) for that listed in 8 CFR 204.5(i)(3)(i)(A)–(F) to establish that the EB-1 professor or researcher is recognized internationally as outstanding in his or her academic field. We do not anticipate that this part of the proposed rule would impose additional costs. The non-quantified benefits would include the harmonization of the evidentiary requirements for EB-1 outstanding professors and researchers with other comparable employment-based immigrant classifications and easing petitioners' recruitment of these highly skilled individuals by expanding the range of evidence that may be adduced to support their petitions.

Action Date FR Cite
NPRM  03/00/2013 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Lori S. MacKenzie
Division Chief, Operations Policy & Stakeholder Communications, Immigrant Investor Program
Department of Homeland Security
U.S. Citizenship and Immigration Services
131 M Street NE.,
Washington, DC 20529-2200
Phone:202 357-9214