On January 31, 2012 the Department of Homeland Security announced a series of new reforms it is launching as part of the Obama Administration’s commitment to attracting and retaining highly-skilled immigrants. 

Among these reforms is a proposed change to DHS regulations that would allow spouses of certain H-1B visa holders to legally work in the U.S. Specifically, the change would allow H-4 dependent spouses to apply for employment authorization once their H-1B spouse begins the permanent residency process through employment sponsorship and after meeting a minimum period of H-1B status in the United States.

Another proposed change would allow applicants for the “outstanding researcher” immigrant visa category to present broader “comparable evidence” beyond the current regulatory list to evidence their achievement in the field.  The “comparable evidence” standard is the current evidentiary standard for the other exceptional ability immigrant visa categories.

Other changes include:

• expansion of the STEM extension of optional practical training for certain F-1 visa holders;
• allowing spouses of F-1 students to enroll in part-time studies; and
• allowing E-3 and H-1B1 visa holders to continue working with their employer for 240 days while their petitions for extension of status are pending.

DHS also announced the launch of its “Entrepreneurs in Residence” initiative with an Information Summit scheduled in Silicon Valley on February 22nd.  As stated by DHS, the initiative “will bring together high-level representatives from the entrepreneurial community, academia, and federal government agencies to discuss how to maximize current immigration laws’ potential to attract foreign entrepreneurial talent.”  Jackson & Hertogs’ Partner Ilana J. Drummond will be in attendance.

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