On January 15, 2016, USCIS published a new rule affecting H-1B1 and E-3 nonimmigrants, as well as certain EB-1 immigrants.<\/p>\n
The rule harmonizes the regulations with the implementing statute so that both state that H-1B1 and E-3 nonimmigrant workers are authorized to work for a specific employer incident to their status.\u00a0 The rule clarifies that there is no further filing needed with USCIS to document the H-1B1 or E-3 nonimmigrant\u2019s employment authorization in the United States.<\/p>\n
The rule also permits E-3 and H-1B1 nonimmigrants to continue employment with a specific employer upon the employer\u2019 filing of a timely extension of stay petition for the E-3 or H-1B1 nonimmigrant for 240 days beyond the initial time that the Department of Homeland Security granted while USCIS adjudicates the pending extension filing.\u00a0 Additionally, the rule now specifically provides that E-3 and H1B1 nonimmigrants can change status or extend their stay in the United States.<\/p>\n