On November 18, 2016, the Department of Homeland Security ("DHS") published a final rule, effective January 17, 2017, relating to various issues affecting certain employment – based immigrant and nonimmigrant visa categories. The changes are intended to benefit U.S. employers and foreign workers by providing more flexibility to accept promotions, change positions, and change employers during the elongated permanent residency process. Some of the significant provisions include the following:
Retention of Priority Dates
Eligibility for Employment Authorization in Compelling Circumstances
Revocation of Approval of Petitions
60-day Nonimmigrant Grace Period
Validity of petition for continued eligibility for adjustment of status
As previously indicated, this regulation is scheduled to become effective on January 17, 2017. However, there has been some indication that the next Congress will attempt to overturn the regulation after it is seated in January 2017. If Congress passes such legislation to overturn this regulation and it is then signed by President Trump after he is sworn into office on January 20, 2017, the provisions of the regulation will then no longer be effective.
Additional information about whether this regulation is overturned or remains effective after the new Congress and Trump administration is sworn into office will be contained in our firm's future Immigration Updates when it becomes available.