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DHS/USCIS RIN: 1615-AC05 Publication ID: Spring 2016 
Title: Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers 

In December 2015, the Department of Homeland Security (DHS) proposed to amend its regulations affecting certain employment-based immigrant and nonimmigrant classifications. This rule proposes to amend current regulations to provide stability and job flexibility for the beneficiaries of approved employment-based immigrant visa petitions while they wait to become lawful permanent residents. DHS is also proposing to conform its regulations with the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) as amended by the Twenty-First Century Department of Justice Appropriations Authorization Act (the 21st Century DOJ Appropriations Act), as well as the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). The rule also seeks to clarify several interpretive questions raised by ACWIA and AC21 regarding H-1B petitions, and incorporate relevant AC21 policy memoranda and an Administrative Appeals Office precedent decision, and would ensure that DHS practice is consistent with them.  

Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 8 CFR 204 to 205    8 U.S.C. 214    8 CFR 245    8 CFR 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 6 U.S.C. 112    8 U.S.C. 1154 and 1155    8 U.S.C. 1184    8 U.S.C. 1255    8 U.S.C. 1324a   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/31/2015  80 FR 81900   
NPRM Comment Period End  02/29/2016 
Final Rule  05/00/2016 
Additional Information: 1615-AB97 will be merged under this rule, 1615-AC05.
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: Yes 
Related RINs: Related to 1615-AB97 
Agency Contact:
Brian Hunt
Acting Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW, Suite 1200,
Washington, DC 20529-2200
Phone:202 272-8377
Fax:202 272-1480