Petition for Immigrant Worker Reforms

The Department of Homeland Security (DHS) is proposing to amend its regulations governing employment-based immigrant petitions in the first, second, and third preference classifications. Petitions for these classifications are filed by employers, or in certain cases by aliens on their own behalf, to bring talent and skills to the United States. The proposed rule would, if finalized, implement reforms to ensure the integrity of the program, such as defining bona fide job offer and clarifying site visit authority. It would also codify current policy guidance and implement administrative decisions regarding successorship-in-interest and ability to pay; update provisions governing extraordinary ability and outstanding professors and researchers; modernize outdated provisions for individuals of extraordinary ability and outstanding professors and researchers; clarify evidentiary requirements for first preference classifications, second preference national interest waiver (NIW) classifications, and physicians of national and international renown; and correct errors and omissions.