From Law360:

 Attorneys and immigration groups are urging the government to use a broader standard to allow certain foreign nationals to seek work authorization, casting doubt on a “compelling circumstances” requirement in their comments on a proposed job flexibility rule.

The proposed regulation, rolled out late last year by the U.S. Department of Homeland Security, aims to boost job flexibility for certain foreign workers. Formal comments on the new rule were due by Monday, and while stakeholders had some praise for the unemployment grace periods in the measure, attorneys didn’t hesitate to criticize a provision that requires foreign workers to show compelling circumstances if they want to change employers.

“There is no requirement in the Immigration and Nationality Act requiring a demonstration of compelling circumstances,” attorney Gregory Siskind of Siskind Susser PC argued in his comments. “The only reason for such a requirement is to cull the number of potential applicants despite the president having the authority to be as generous as he wishes.”


“Only a tiny number of people would ever fit in under the enumerated examples,” Siskind argued, saying that being trapped in a green card line is also “compelling” and that the requirement should be abandoned.

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