NewsFlash! Proposed Rule Would Provide Improved Job Flexibility, Grace Periods, and More!

This morning, a proposed rule was published in the Federal Register that would provide a number of immigration benefits, including grace periods for certain nonimmigrant workers, improved job flexibility, and greater clarity on a number of existing immigration rules. Some of these benefits include:

• Once an I-140 has been approved for 180 days or more, the U.S. Citizenship and Immigration Services (USCIS) would not revoke the I-140 other than in cases of fraud, misrepresentation, or a few other limited situations. While the I-140 still could not be transferred to a new employer, it could nevertheless be used for purposes of extending one’s H1B status beyond the 6-year limit, even if the employer requests withdrawal of the I-140.

• Certain nonimmigrant workers, including those in E, H1B, L-1, and TN status, would be eligible for a one-time grace period whenever employment ends. The grace period would be for up to 60 days or until the existing validity period ends, whichever occurs first. This would allow such workers the opportunity to seek new employment and/or apply for a change of status.

• Automatic renewal of an employment authorization document (EAD) for up to 180 days in certain situations based on a pending I-765 renewal application. Those who have an EAD based on a pending I-485 would be potentially eligible for this benefit. Unfortunately, this rule would not apply to certain EAD recipients, including those in H-4 status.

• In extremely limited circumstances, the beneficiary of an I-140, and the individual’s dependent family members, may be eligible to apply for EADs. However, the eligibility requirements are quite restrictive, including the need to show “compelling circumstances” (e.g., medical emergency, employer retaliation), and recipients of this benefit typically would be required to “… forego adjusting status in the United States and instead seek an immigrant visa abroad through consular processing.”

The proposed rule is approximately 180 pages in length, so Murthy Law Firm attorneys are still carefully reviewing and analyzing the content. In the near future, MurthyDotCom will post a more complete, detailed analysis of the proposal. Subscribe to the MurthyBulletin for future updates on this proposed rule and other issues related to immigration law.

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