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DHS/USCIS | RIN: 1615-AC05 | Publication ID: Spring 2017 |
Title: Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Nonimmigrant Workers | |
Abstract:
In November 2016, the Department of Homeland Security (DHS) amended its regulations affecting certain employment-based immigrant and nonimmigrant classifications. This rule amended 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 also updated its regulations to conform them 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 clarified several interpretive questions raised by ACWIA and AC21 regarding H-1B petitions, and incorporated relevant AC21 policy memoranda and an Administrative Appeals Office precedent decision. |
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Agency: Department of Homeland Security(DHS) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
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 |
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Timetable:
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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, Organizations | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
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 Email: brian.j.hunt@uscis.dhs.gov |