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QUICK Look- H1B and Green Card Modernizing & Streamlining Report 2015

QUICK Look- H1B and Green Card Modernizing  & Streamlining Report  2015

Memos and Rulemakings should start moving forward based on the latest report released by Whitehouse containing below information for legal reforms.

 

Give more clarity on “same or similar jobs” so that Employees  can change jobs and receive Promotions without major concerns.

If the I140 is approved for more than 1 year, then allow the employee to get an EAD based on I140 approval and change jobs without issue. And avoid any problems even if the  employer closes Business or else revokes the I140.

Provide increased guidance on job flexibility provisions for H-1B workers seeking other H- 1B employment, including changing jobs or employers; •

Extend grace periods for certain nonimmigrant workers whose period of authorized stay has expired, including because their jobs have been terminated, to better allow them to obtain other employment without losing their nonimmigrant status

Clarify when H-1B nonimmigrant’s may begin working without required licensure;

Provide increased guidance on the maximum period of admission for H-1B nonimmigrant’s, including for those who are on the path to LPR status, and enable H-1B nonimmigrant’s to recapture time spent outside of the United States;

Clarify which H-1B nonimmigrant’s are exempt from the statutory cap to ensure that those nonimmigrant’s who are contributing to U.S. research and the education of Americans may remain in the United States;

Protect H-1B nonimmigrant’s who suffered retaliatory actions because they reported labor violations committed by their employer

 

The Proposed Rule making can be viewed here:

http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201504&RIN=1615-AC05

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