Per an agenda release, the U.S. Department of Homeland Security is proposing amending regulations for employment-based petition filings in the first, second, and third preference categories. The topic may be part of the semiannual regulatory agenda in June 2025. Typically filed by employers, noncitizens can also apply on their own behalf for employment-based petitions.

Per the DHS release, the focus is on updating the rules that guide extraordinary ability and outstanding professors and researchers, among other areas. If the effort moves forward, it will also clarify the proof required for the highest preference class. The rule will also address guidelines for “physicians of national and international renown”. Finally, the rule would also address and correct current guidance, successorship-in-interest, and ability to pay. These items are oulined in the DHS release.

The three employment-based petition preference categories are:

  • First Preference: Extraordinary ability in specific fields, outstanding profession and researchers, and some multinational executives
  • Second Preference: Master’s degree holders or exceptional ability
  • Third Preference: Other skilled workers and professionals.

As always, if you have questions about any U.S. immigration related issue, including employment-based visas, contact us at ILBSG. Our team of experienced attorneys actively monitor ongoing updates to U.S. immigration policy to ensure our clients get the right advice.

Department of Homeland Security employment-based visas