DHS proposes changes to employment-based immigration

The Department of Homeland Security (DHS) has proposed changes to employment-based immigration regulations within the United States to make life simpler for American employers and highly-skilled immigrant workers. Those currently taking advantage of temporary work US visas while waiting to get a green card could be among those to benefit from the suggested changes.

The DHS points out that the great majority of the proposed changes to employment-based immigration would simply bring structure to practices already in use; however, it also claims the changes would “better facilitate US employers to recruit and retain highly-skilled workers who have benefited from employment-based immigration visa petitions, while increasing the ability of such workers to advance their careers by accepting promotions, changing positions with current employers, changing employers, and pursuing other employment opportunities.”

The most significant of the changes, which relates to work authorization for people who already have approved I-140s, would still have little practical impact, according to the National Law Review; however, the changes would lead to a greater number of skilled workers on temporary US visas being allowed to live and work within the United States while they wait to get a green card and allow other individuals to stay in the country for longer periods of time.

It was also noted in the Department of Homeland Security proposal that that the whole point of the employment-based immigrant US visa is undermined by current rules, which restrict productivity and prevent workers considering all career development and employment options.