Last week, the Department of Homeland Security (DHS) released a formal notice of its proposed rulemaking (NPRM) on the subject of employment-based immigration programs for highly-skilled foreign workers. The NPRM was published in the Federal Register on December 31, 2015, and the public has 60 days to comment on the NPRM provisions.
The NPRM covers a variety of critically important issues, many of which were supposed to be the focus of the still unpassed comprehensive immigration reform legislation. We have highlighted a number of the provisions below and encourage visitors to engage in the comment making procedure before the period closes on February 29, 2016.
AC21 and ACWIA Provisions
AC21 and ACWIA are statutes that former presidents signed into law more than 15 years ago. However, DHS still hasn’t promulgated official regulations in order to implement the provisions of these two laws. Because of the non-existence of governing regulations, immigration attorneys, U.S. employers, and foreign nationals have had to rely on informal and unofficial agency memoranda which has resulted in much confusion, expense, and frustration for all parties involved.