New Rules for EB-1 Immigrants and H-1B1, E-3, and CW-1 Nonimmigrants

The Department of Homeland Security has published new rules affecting the following groups: EB-1 outstanding professor and research immigrants; H-1B1; E-3, and CW-1 nonimmigrants. The final published rule takes effect February 16, 2016.

H-1B1 and principal E-3 nonimmigrants are authorized for employment incident to their status with a specific employer. That means nonimmigrants in those classes can work for their sponsoring employer without having to obtain an employment card separately.

H-1B1 and principal E-3 nonimmigrants who have expired status while their employer’s timely filed extension of stay request is pending can continue their employment with that employer for 240 days.

DHS is allowing for continued employment authorization for CW-1 nonimmigrants with expired status while their employer’s timely extension request remains pending.

EB-1 outstanding professions and researchers can provide the same types of evidence as the other EB-1 categories.

DHS is trumpeting these rules as enhanced opportunities for employers and highly skilled workers.