It’s Official – USCIS Begins Rulemaking Process on I-140 EADs

Posted on: May 22nd, 2015
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The Department of Homeland Security and USCIS have announced the beginning of the rulemaking process on the proposal I blogged about last week to allow those with approved I-140s to get an interim employment authorization document while waiting on a priority date to become current. The proposed rule will be hugely important to hundreds of thousands of individuals stuck in long EB-2 and EB-3 queues.

The announcement can be found here. It states the following:

The Department of Homeland Security (DHS) is proposing to modernize the immigrant visa system by amending its regulations governing the adjustment of status process and employment-based immigration. Through this rule, DHS proposes to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries to obtain work authorization, clarify the meaning of portable work authorization, and remove unnecessary restrictions on the ability to change jobs or progress in careers, as well as provide relief to workers facing lengthy adjustment delays.

The posting is on USCIS’ agenda for areas of rule making over the next new months. This doesn’t tell us how long USCIS intends to take before releasing a proposed rule, much less a final rule, but it does verify that the memo I wrote about was, in fact, the real deal.