【最新好消息】持H1B签证配偶准就业 放宽顶尖人才来美

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美国国土安全部今天宣布两项新措施,对吸引外国高科技人才移民来美,产生积极的作用。这是奥巴马总统不久前宣称,他在国会众院不肯配合通过移民改革法案的困难情况之下,决定多采行政措施,绕过国会,推动他的移民政策。国土安全部今天宣布的两项新规定,将自今天公布之后,经过60天公共讨论期之后,正式生效。

其中之一,是允许持H-1B签证来美外国高科技人士的配偶可以在美国工作。H-1B签证是美国给予外国科学家、技术人员和工程师来美的签证,新规定将考虑给持有这种签证人士的配偶可以申请绿卡。(编者注:必须是持H1B的人已经开始提交绿卡申请了!)目前,持有H-1B签证人士的配偶是不准在美打工的,美国放宽这项限制,对吸引全世界高科技人才来美,会产生积极的作用。

国土安全部副部长梅约卡斯(Alejandro Mayorkas)今天在商业部长普里兹克(Penny Pritzker)陪同之下,宣布移民新措施,他说,这项改变第一年有9万7000人受惠,以后每年都将增加3万人因此获得优待。

另一项新规定将允许雇主可以有许多方法,引进在研究领域的最佳人才,包括研究员和教授来美。国土安全部今天宣布的新措施,解决了几个障碍。

这是美国国土安全部依照奥巴马总统指示,排除吸引高科技人才来美的各种障碍,并且给予特别的方便,使他们能够 更乐于来美进行研究或工作,对美国科技水准提升与经济发展,都将产生重大效益。

H-1B签证是对外国拥有高科技理论或技术的专家,发给的临时就业许可签证,譬如工程师、科学或电脑程式等项目。目前,美国对H-1B签证通常给予3年逗留期限,可以延长到共6年时间,特殊情况可以延至一共10年。最困难的是,持有H-1B签证签证的外国科技人才不能永久居留美国,对许多外国科技人员必须思考这些障碍。

特别是对最高阶的专业人才,譬如教授和研究人员,目前对来自智利、新加坡、澳洲和北滨群岛(Northern Marina Islands)往往可以优先批准延长签证期限。

国土安全部副部长梅约卡斯说:「为了我们经济与安全,我们需要移民改革使移民在美国合法和产生效果。我们正努力看有什么地方,可以再改进。」

商业部长普里兹克列举多名对美国经济带来深远影响的重量级移民,像是来自台湾的雅虎公司共同创办人杨致远、匈牙利出生的英特尔公司(Intel Corp)前执行长葛罗夫(Andy Grove),及共同创办谷歌(Google)的前苏联移民布林(Sergey Brin)。

来源:世界日报

参见官方原文: http://www.dhs.gov/news/2014/05/06/dhs-announces-proposals-attract-and-retain-highly-skilled-immigrants

DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants
Release Date: May 6, 2014
For Immediate Release
DHS Press Office
Contact: 202-282-8010

WASHINGTON — As part of the Administration’s continuing commitment to attract and retain highly skilled immigrants, the Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups of highly-skilled workers by removing obstacles to their remaining in the United States.

Together these actions will help attract new businesses and new investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world.

“The proposed rules announced today provide important support to U.S. businesses while also supporting economic growth here in the U.S.,” said Deputy Secretary Alejandro Mayorkas. “These steps will help the U.S. maintain competitiveness with other countries in our efforts to attract the best and the brightest high-skilled workers from around the world to support companies here at home. Businesses continue to need these high-skilled workers, and these rules ensure we do not cede the upper hand to other countries competing for the same talent.”

“These two proposed rule changes are an integral part of the Administration’s efforts to strengthen entrepreneurship and innovation, and to help the United States attract and retain highly skilled immigrants,” said U.S. Secretary of Commerce Penny Pritzker. “The fact is, we must do more to retain and attract world-class talent to the United States and these regulations put us on a path to doing that. These actions promise to unleash more of the extraordinary contributions that immigrants have always made to America’s innovation economy.”

Both Notices of Proposed Rulemaking will soon publish in the Federal Register. DHS encourages the public to comment on the proposed rules through www.regulations.gov. All public comments will be considered before the final rules are published and go into effect.

Proposed Rule to Extend Employment Authorization to Spouses of Certain H-1B Workers

This proposed rule will amend existing regulations to allow H-4 dependent spouses of certain principal H-1B workers to request employment authorization.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as science, engineering or computer programming. Frequently, employers will petition for an immigrant visa for an H-1B worker, which enables individuals to become lawful permanent residents. Lawful permanent residents are generally eligible to become naturalized U.S. citizens after five years.

Under existing regulations, DHS does not extend employment authorization to dependents (also known as H-4 nonimmigrants) of H-1B nonimmigrant workers. The change proposed by DHS, would allow H-4 dependent spouses of certain H-1B nonimmigrant workers to request employment authorization, as long as the H-1B worker has already started the process of seeking lawful permanent residence through employment.

Eligible individuals would include H-4 dependent spouses of principal H-1B workers who:

Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
Have been granted an extension of their authorized period of stay in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) as amended by the 21st Century Department of Justice Appropriations Authorization Act. AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.
Proposal to Enhance Opportunities for Highly-Skilled Workers
This proposed regulatory change would enhance opportunities for certain groups of highly-skilled and transitional workers by removing obstacles to their remaining in the United States.

Specifically, the change to the regulation would:

Update the regulations to include nonimmigrant high-skilled specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3) in the list of classes of aliens authorized for employment incident to status with a specific employer,
Clarify that H-1B1 and principal E-3 nonimmigrants are allowed to work without having to separately apply to DHS for employment authorization.
Allow E-3, H-1B1 and CW-1 nonimmigrant workers up to 240 days of continued work authorization beyond the expiration date noted on their Form I-94, Arrival/Departure Record, while the extension request is pending.
It would affect workers in specialty occupation nonimmigrant classifications for professionals from Chile and Singapore (H-1B1) and Australia (E-3), as well as Commonwealth of the Northern Mariana Island (CNMI)-Only Transitional Workers (CW-1).

Under current regulations, employers of workers in E-3, H-1B1, or CW-1 status must generally file a petition requesting the extension of the employee’s status well before the initial authorized duration of status expires.

Finally, this proposal would also expand the current list of evidentiary criteria for employment-based first preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations. This proposal would harmonize the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories that already allow for submission of comparable evidence.

For more information, please visit www.dhs.gov.

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