The U.S. Department of Homeland Security (DHS) has announced its intention to unveil sweeping amendments to employment-based immigration regulations later this year, promising increased flexibility for nonimmigrant employees and religious workers. This move, outlined in a semiannual regulatory agenda, aims to streamline the existing system, iron out ambiguities, and fortify policies initiated under the Biden administration.
Enhanced Clarity and Adaptability
While specifics regarding the proposed amendments remain scarce, experts like Sharvari Dalal-Dheini, director of government relations at the American Immigration Lawyers Association, anticipate a consolidation of current policy guidance into robust regulations. According to Dalal-Dheini, this strategic shift aims to cement progressive policies, making them more resistant to future overturns.
DHS To Propose Employment Visa Updates Later This Year: Potential Changes in the Pipeline
The proposed alterations are expected to touch upon various aspects of employment-based preference visas, including those for EB-1 priority workers, EB-2 individuals with advanced degrees or exceptional abilities, and the EB-3 category encompassing skilled, unskilled, and professional workers. Notably, DHS aims to formalize policies regarding the ability to pay the proffered wage to EB workers, alongside clarifying evidentiary requirements for preference categories.
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