19th November 2016 USCIS announces significant reliefs for H1B/L-1 and other Non immigrant Workers

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PRESS RELEASE
Date: 19th
November 2016
Title: USCIS announces significant reliefs For H1B/L-1 and other Non immigrant Workers
USCIS has announced major changes to employment based non immigrant
and immigrant visa programs for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN
classification workers, aimed at improving the ability of U.S. employers to hire and
retain high-skilled workers who are beneficiaries of approved I-140 employment-based
immigrant visa petitions and are waiting to become lawful permanent residents, while
increasing the ability of those workers to seek promotions, change employers, or
pursue other employment options. In its Final Rule published on November 18, 2016,
which will be effective from January 17, 2017, USCIS made several changes, significant
amongst these are as follows:
Retention of priority dates: Workers with approved Form I-140 petitions, will generally
be allowed to retain their priority date as long as the approval of the initial Form I-140
petition was not revoked for fraud, willful misrepresentation of a material fact,
the invalidation or revocation of a labor certification, or material error. The final rule
provides that Form I-140 petitions that have been approved for 180 days or more would
no longer be subject to automatic revocation based solely on withdrawal by the
petitioner or the termination of the petitioner’s business.
60-day nonimmigrant grace periods: To further enhance job portability, the final rule
establishes a grace period of up to 60 consecutive days for the E-1, E-2, E-3, H-1B, H-
1B1, L-1, O-1 or TN classification workers, which will allow these high-skilled workers,
including those whose employment ceases prior to the end of the petition validity
period, to have their visa transferred to a new employer in the same visa classification.
10-day nonimmigrant grace periods : To promote stability and flexibility for the E-1,
E-2, E-3, L-1, and TN classifications workers, the final rule provides two grace periods
of up to 10 days, to allow an initial grace period of up to 10 days prior to the start of an
authorized validity period, which provides nonimmigrants in the above classifications a
reasonable amount of time to enter the United States and prepare to begin employment
in the country. The rule also allows a second grace period of up to 10 days after the end
of an authorized validity period, which provides a reasonable amount of time for such

2. nonimmigrants to depart the United States or take other actions to extend, change, or
otherwise maintain lawful status.
H-1B based on licensing : Where licensure is required to fully perform the duties of
the relevant specialty occupation, the final regulations codify current DHS policy
regarding exceptions to the requirement that makes the approval of an H-1B petition
contingent upon the beneficiary’s licensure The final rule will generally allow for the
temporary approval of an H-1B petition for an otherwise eligible unlicensed worker, if
the petitioner can demonstrate that the worker is unable for certain technical reasons to
obtain the required license before obtaining H-1B status. The final rule also clarifies the
types of evidence that would need to be submitted to support approval of an H-1B
petition on behalf of an unlicensed worker who will work in a state that allows the
individual to be employed in the relevant occupation under the supervision of licensed
senior or supervisory personnel
EAD – Employment Authorization Document : The rule automatically extends the
employment authorization and validity of existing EADs issued to certain employment-
eligible individuals for up to 180 days from the date of expiration, as long as a renewal
application is filed before the expiry of previous EAD based on the same employment
authorization category as the previously issued EAD (or the renewal application is for
an individual approved for Temporary Protected Status – TPS) and the individual
continues to be eligible for EAD beyond the expiration of the EAD.
Simultaneously the Federal Rule has eliminated the regulatory provision that requires
USCIS to adjudicate the Form I-765, Application for Employment Authorization, within
90 days of filing and that authorizes interim EADs in cases where such adjudications
are not conducted within the 90-day timeframe.
The final rule also clarifies method for determining which H-1B nonimmigrant workers
are “cap-exempt” as a result of previously being counted against the cap and the way
in which H-1B nonimmigrant workers are counted against the annual H-1B numerical
cap, including the method for calculating when these workers may access so-called
remainder time (i.e., time when they were physically outside the United States), thus
allowing them to use their full period of H-1B admission.
Full text of the USCIS announcement in Federal Register is available at
https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/html/2016-27540.htm

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