Department of Homeland Security Implementing Reforms to Attract and Retain Highly Skilled Immigrants | Practical Law

Department of Homeland Security Implementing Reforms to Attract and Retain Highly Skilled Immigrants | Practical Law

On January 31, 2012, the US Department of Homeland Security (DHS) announced a series of administrative reforms it will undertake to attract and retain highly skilled immigrants to stimulate US job creation.

Department of Homeland Security Implementing Reforms to Attract and Retain Highly Skilled Immigrants

by PLC Labor & Employment
Published on 06 Feb 2012 • USA (National/Federal)
On January 31, 2012, the US Department of Homeland Security (DHS) announced a series of administrative reforms it will undertake to attract and retain highly skilled immigrants to stimulate US job creation.
The US Department of Homeland Security announced on January 31, 2012, that it will undertake a series of administrative reforms designed to attract and retain highly skilled immigrants. The reforms are designed to stimulate US job creation and improve the competitiveness of US companies abroad by making the US more attractive to highly skilled foreign students and workers.
Although the announcement did not specify any effective dates for the reforms, the following changes are underway:
  • Expanding eligibility for a 17-month extension of optional practical training (OPT) for F-1 international students to include students with prior degrees in science, technology, engineering and math (STEM).
  • Allowing spouses of F-1 students to enroll in additional part-time academic classes in addition to vocational and recreational classes.
  • Allowing H-4 dependent spouses of principal H-1B visa holders who have started the process of seeking lawful permanent resident status through employment to legally work while the visa holder awaits adjudication of his adjustment of status application.
  • Increasing the types of evidence employers can submit to demonstrate a professor or researcher is "outstanding" under the employment-based immigrant visa category of outstanding professors and researchers.
  • Allowing E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue working for their employers for up to 240 days after their authorized period of stay has expired while timely filed petitions to extend their status are pending.
In addition, US Citizenship and Immigration Services (USCIS) will launch its Entrepreneurs in Residence initiative on February 22, 2012, with an Information Summit. The initiative builds on USCIS' efforts to promote startup enterprises and spur job creation. The Information Summit will focus on ensuring clear and consistent immigration pathways for foreign entrepreneurs, bringing together representatives from the entrepreneurial community, academia and federal government agencies to discuss how to use immigration laws to attract foreign entrepreneurs.
For more information on the F-1, H-1B, E-3 and H-1B1 visa categories, see Key Nonimmigrant Visa Classifications Chart and Practice Note, The H-1B Nonimmigrant Visa Classification.
For more information on outstanding professors and researchers, see Key Immigrant Visa Classifications Chart.