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The Department of Homeland Security has proposed long-awaited regulations that implement the American Competitiveness in the 21st Century Act (AC21) and introduce other reforms to employment-based immigrant and nonimmigrant visa programs. The proposed regulation will be published in the Federal Register Dec. 31, after which DHS will accept comments from the public for a period of 60 days.
Background
AC21 was signed into law in 2000. Until now, the government did not issue regulations to implement the law and instead released informal guidance over the years.
Key provisions of AC21 include:
Proposed Regulation
The proposed regulation released today codifies much of the previous guidance issued by U.S. Citizenship and Immigration Services (USCIS) and also makes significant policy changes that will affect foreign workers present in the U.S. on nonimmigrant visas or seeking to obtain employment-based green cards.
The proposed regulation contains the following reforms:
What employers should know
The provisions contained in the proposed regulation are not yet in effect, and any policy changes will not become effective until the regulation is finalized. USCIS is soliciting feedback on the proposed rule for a 60-day period and will accept comments from the public until midnight on Feb. 29, 2016.
If finalized, the regulation would be a significant development and would have far-reaching implications for foreign workers in the U.S. on nonimmigrant visas. BAL is carefully reviewing the proposed regulation and will provide detailed analysis in the coming weeks.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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