The Department of Homeland Security (DHS) proposed amendments to regulations governing employment-based immigrant worker petitions. The proposal, titled “Petition for Immigrant Worker Reforms,” revises regulations governing the EB-1, EB-2, and EB-3 immigrant classifications. DHS frames the changes as intended to strengthen program integrity across these employment-based categories.
What the Proposal Would Do
Once implemented, the proposal would:
- Update evidentiary standards for extraordinary ability, outstanding professors and researchers, and national interest waiver (NIW) classifications.
- Codify existing policy guidance into formal regulation, including standards for successorship-in-interest and ability-to-pay determinations.
- Clarify what constitutes a bona fide job offer.
- Formalize DHS’s site-visit authority in the immigrant petition context.
Where the Rule Stands
DHS listed the proposal (RIN 1615-AC85) in its regulatory agenda, currently at the Proposed Rule Stage (reginfo.gov). Once the notice of proposed rulemaking (NPRM) is published in the Federal Register, a public comment period will follow before DHS can finalize any changes. No changes are in effect yet, and the timeline for publication remains uncertain.
Given the scope of the proposed changes, particularly for EB-1 extraordinary ability and EB-2 NIW petitions, individuals and employers currently preparing these filings may want to ensure their supporting evidence is as strong as possible under current standards.
As always, ILBSG actively monitors ongoing U.S. As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.