The Department of Homeland Security (DHS) is preparing to publish a proposed rule titled “Petition for Immigrant Worker Reforms” (RIN 1615-AC85) that could significantly alter the adjudication process for EB-1, EB-2, and EB-3 employment-based green card petitions. The rule is expected to be released imminently, as indicated in DHS’s Spring 2025 Unified Regulatory Agenda.
Key Details:
- Proposed rule publication: Expected any day now in January 2026.
- Focus areas: Clarification of evidentiary requirements for EB-1 Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 National Interest Waiver (NIW), and certain renowned physicians.
- Program integrity reforms: Definitions for bona fide job offers, formalized site visit authority, and enhanced fraud detection measures.
- Public comment period: Typically lasts 30 to 60 days post-publication, followed by a review period before finalization.
These changes may lead to heightened evidentiary standards for EB-1 and EB-2 petitions, impacting employers and employees alike. Stakeholders are advised to prepare for these upcoming changes and ensure compliance with new requirements.
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Source: Jihan Merlin
