DHS Announces Plans to Issue Regulations to Modernize the Employment-Based Green Card Process

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The Department of Homeland Security (DHS) posted a Regulatory Agenda Notice today in the Federal Register indicating that the agency will soon be issuing a proposed regulation intended to modernize certain aspects of the employment-based green card process. While the Notice provides very little detail, it does state that DHS is intending to propose “to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries to obtain work authorization, clarify the meaning of portable work authorization, and remove unnecessary restrictions on the ability to change jobs or progress in careers, as well as provide relief to workers facing lengthy adjustment delays.” While we can currently only speculate on the specific details in the proposed regulation, and on what components of the proposed regulation ultimately become part of a final enacted regulation, this process could potentially make significant improvements to the green card process for certain individuals. For example, if individuals are able to obtain employment authorization cards in some circumstances following approval of an I-140, this could provide far greater workforce mobility and eliminate the need for an individual to be sponsored for H-1B status to allow a job change.

If you have questions about the green card process or the kinds of changes that might occur and how they could affect you or your company, please contact SPS Immigration PLLC.

By | 2017-09-20T17:51:04+00:00 October 8th, 2015|Categories: Administrative Action, AOS|Comments Off on DHS Announces Plans to Issue Regulations to Modernize the Employment-Based Green Card Process

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