DHS Updates Rules for H-1B1, E-3 and CW-1 Visas

On January 13, 2016, The U.S. Department of Homeland Security (“DHS”) announced that it will publish a final rule later this week that will allow foreign nationals with H-1B1, E-3 and CW-1 visas to continue to work for their employer while their timely filed extension of stay is pending ith the United States Citizenship and Immigration Services. Current regulations allow foreign nationals in specific non-immigrant classifications to continue working with the same employer for a 240 day period beyond their authorized period of stay, as long as an extension of stay has been timely filed. But since Congress created the H-1B1, E-3 and CW-1 visas after those regulations went into effect, they have not been included in the provision and have not been afforded the same advantage as other similarly situated nonimmigrants, such as those with H-1B or L-1 status. This new federal regulation resolves this issue.