As specified in this documentation , the final rule provides participating immigrant and nonimmigrant workers and the hiring U . S . employers a variety of benefits , such as
• Improving the processes and increasing certainty for the sponsoring U . S . employers on the decisions .
• Increasing stability and job flexibility for sponsored workers .
• Adding greater transparency and consistency in the application of DHS policy related to affected classification .
• Improving the ability of U . S . employers to hire and retain highskilled workers who are beneficiaries of the program and are waiting to become lawful permanent residents .
• Increasing the ability of the sponsored workers to seek promotions , accept other positions with current employers , or pursue other employment options .
“ Table 1 — Summary Of Provisions And Impacts ” of the final rule document provides a helpful summary of the provisions and impacts of the rule .
What do you need to know about the Employment Authorization Document ( EAD )? According to this Table 1 — Summary Of Provisions And Impacts , below are some highlights of expected impacts :
• Automatic Extension of EAD Card – Many applicants for renewal of Employment Authorization Document ( EAD ) cards such as those under the same previously authorized category , are given an automatic extension of EAD validity for up to 180 days while the EAD renewal application is pending .
• Ninety-Day EAD Adjudication Deadline Rescinded : o Removes the current 90- day regulatory deadline and moves to timeframe governed by processing goals . o Provides the automatic continuing authorization for up to 180 days for certain renewal applicants which can lead to reduced turnover costs for U . S . employers and minimized risk of gaps in applicants employment authorization . o Because not all applicants will be eligible for the 180- day extension of EAD validity , it is possible that delays in processing could lead to gaps in employment eligibility .
• New , Compelling Circumstances EAD :
• Applicants must demonstrate compelling circumstances justifying an independent grant of employment authorization .
• These provisions allow certain nonimmigrant principal beneficiaries , and their dependent spouses and children , to apply for employment authorization while waiting for his or her immigrant visa to become available .
• The new provision provides ability for nonimmigrants who have been been sponsored for LPR status to change jobs or employers when compelling circumstances arise .
• The final rule documentation provides many details on this topic .
For access to the online docket , go to http :// www . regulations . gov and enter this rulemaking ’ s eDocket number : USCIS – 2015 – 0008 in the ‘‘ Search ’’ box .
For Further Information Contact : Kathleen Angustia or Nikki Lomax- Larson , Adjudications Officers ( Policy ), Office of Policy and Strategy , U . S . Citizenship and Immigration Services , Department of Homeland Security , 20 Massachusetts Avenue NW . Washington , DC 20529 . The contact telephone number is ( 202 ) 272 – 8377 .
By Susanne Rothschild
President of The Rothschild Corporation , and J . D . Thomas , International Training Consultant
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