Saturday, December 29, 2012

USCIS Under Consideration a Plan to Enhance Opportunities for High-Skilled H-1B1 and E-3 Nonimmigrants and EB-1 Immigrants

USCIS is under consideration to propose certain benefits affecting high-skilled workers within the nonimmigrant classifications for specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3), and the immigration classification for employment-based first preference (EB-1) outstanding professors or researchers, to harmonize the regulations for E-3 and H-1B1 nonimmigrant classifications with existing regulations for other, similarly situated nonimmigrant classifications and to encourage and facilitate the employment and retention of these high-skilled workers.

For EB-1, it is considering to address that the evidentary requirements for the EB-1 outstanding professor and researcher employment-based immigrant classification would allow for the submission of comparable evidence (achievements not listed in the criteria such as important patents or prestigious, peer-reviewed funding grants) for that listed in 8 CFR 204.5(i)(3)(i)(A)–(F) to establish that the EB-1 professor or researcher is recognized internationally as outstanding in his or her academic field. 

This proposal is likely to harmonize the evidentary requirements for EB-1 outstanding professors and researchers with other comparable employment-based immigrant classifications and ease petitioners' recruitment of these highly skilled individuals by expanding the range of evidence that may be adduced to support their petitions.

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