I-140 Relief on the Way? New Job Portability Rule Underway

At the end of last year, we discussed a proposed rule by the DHS to amend its regulations related to EB-1, EB-2, and EB-3 immigrant and non-immigrant visa programs. The proposed rule at the time looked to be a disappointment in that it did little to help ease the wait times experience by those seeking employment-based green cards.

However, the Office of Management and Budget (“OMB”) received a proposed rule earlier this week, after an outpouring of public comment including http://immigrationgirl.com/draft-comment-for-high-skilled-immigrant-relief-i-140-ead-rule/ efforts by readers of the immigrationgirl.com . Presently the rule is under review by the OMB, and once that is finished, the final rule will be put in place.

What does this mean for the highly-skilled immigrant and nonimmigrant community? Although readers of ImmigrationGirl.com pushed for unrestricted I-140 EADs with travel capability, as well as the ability to file I-485 petitions for new employers without new I-140 petitions, it is still anybody’s guess what exactly will appear in the final rule. Furthermore, since the rule only promises “program improvements” related to H-1B workers, it is uncertain how much easier it will be to stay and remain in the United States.

For now, though, we will have to wait and see.


Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. The attorneys of Reddy & Neumann, P.C. are highly experienced in obtaining employment-based visas for our clients and well-versed in the issues including foreign education equivalency, relevant experience requirements, and EB-3 to EB-2 visa category conversion. From filing the I-140 Petition, through approval, and onto the adjustment process we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.