Tuesday, January 8, 2013

USCIS Considering More Fixes To Ease Requirements For Various Categories

As we reported earlier, the USCIS plans to initiate certain actions to achieve the retention of highly skilled foreign workers thourgh certtain H-4 spouse EAD opportunities, H-1B1 rule changes for Chile and Singapol nonimmigrant employment, E-3 nonimmigrant rule for Australians, and loosing up of the current tight standards for qualification requirement for EB-1 Outstanding Professors and Researchers. These initiatives are considered priority matters for the USCIS for FY 2013. 

As readers are aware, the USCIS has already presented its proposed rule to the OMB for employment authorization for certain H-4 spouses. It is hoped that other initiatives be also presented to the OMB in the near future.  

As for the EB-1 Outstanding Professor and Researcher, the USCIS intends to ease the petitioner's recruitment of these highly skilled foreign workers by expanding the range of evidence that may be added  to support the petitions to harmonize with evidentiary requirements with other comparable employment-based immigrant classifications. This is indeed a very good news for R&D industry and higher learning institutions. 

At this point, no details are available about the conceived proposal but the information indicates that proposal will address such that the evidentiary 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.  

Considering that the nation's focus is to retain higher skilled foreign workers by legislation, this plan is considered a timely action to add to such forthcoming legislative fix an administrative fix within the current system for this classification and we hope to see the proposal to be presented to the OMB as soon as possible.  

We also encourage the USCIS to continue working on additional actions to fix current ailing employment-based immigration system, pending enactment of comprehensive immigration reform legislation this year. Heads off to the leaders of the USCIS and the DHS!

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