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U.s. Department Of Homeland Security Essay

Decent Essays

The U.S. Department of Homeland Security (DHS) issued a proposed rule, on December 30, 2015, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers." Included in the proposed rule is the long-awaited provision for the ability to obtain an employment authorization document (EAD) based on an approved form I-140, employer petition. Unfortunately, eligibility for this immigration benefit under the proposal is highly restrictive and therefore will aid a far narrower group of foreign national workers than had been hoped.

Background on I-140 EAD Rule

The proposed rule includes a discussion that acknowledges the problems created by the lack of employment flexibility in the current immigration system. Accordingly, the I-140 EAD rule would apply to qualifying beneficiaries of approved I-140 petitions who hold valid E-3, H1B, H1B1, O-1, or L-1 status. However, as explained below, the qualification requirements for the I-140 EAD under the proposal, as drafted, would do little, if anything, to help the vast majority of highly skilled immigrant workers. The DHS regards the I-140 EAD option as a "stop-gap measure for retaining employment authorization for a limited period."

"Compelling Circumstances" Requirement

One factor that will severely reduce eligibility for the I-140 EAD is that, to qualify, the applicant must demonstrate the existence of "compelling circumstances that justify an independent grant of

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