The Department of Homeland Security (DHS) is anticipated to release a significant update regarding employment-based immigrant petitions shortly. This forthcoming rule aims to clarify evidentiary standards for several categories, including EB-1A Extraordinary Ability, EB-1B Outstanding Professors and Researchers, EB-2 National Interest Waiver (NIW), and certain distinguished physicians.
Key Details:
- The rule will define what constitutes a bona fide job offer.
- It will formalize site-visit authority in the I-140 adjudication process.
- Enhanced fraud detection and compliance mechanisms will be introduced.
- A public comment period of 30-60 days will follow the proposed rule’s issuance before final approval.
These changes are expected to increase scrutiny on applications, particularly for EB-1 and EB-2 categories, making it crucial for applicants to prepare thoroughly. Stakeholders are advised to stay updated through the Federal Register and manage expectations regarding the application process.
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Source: Olivia Saballos