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Chris Musillo on Nurse and Allied Health Immigration

USCIS TO ALLOW DUAL INTENT, 240 WORK AUTHORIZATION FOR H-1B1, CW-1, E-3

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by Chris Musillo

The USCIS has proposed regulations that will allow H-1B1, CW-1, and E-3 visa holders to have dual intent. The proposed regulation will also grant extended work authorization to these visa status holders who timely file their visa status extension petitions. These changes will bring these three categories into harmony with similar employment-based visa status programs, such as the H-1B and the L-1.

Allowing dual intent will remove an unnecessary legal headache when these visa status holders apply for permanent residency. Currently, H-1B1, CW-1 and E-3 visa status holders must be extremely careful when preparing their green card petitions or risk running afoul of the immigrant intent rule. Strictly speaking, these visa status holders cannot intend to file for US Permanent Residency.


Granting extended work authorization is also a welcome for these visa status holders. Under the current interpretation these workers were forced to stop working unless their visa status extension was approved prior to the expiration of the initial visa status. When the new rule is finalized, those in H-1B1, CW-1, and E-3 visa status will be allowed to work during the pendency of their visa status extension petition, even if the extension petition is not approved before the expiration of the prior status. This work authorization is for 240 days, per 8 CFR 274a.12(b)(20).


These visa categories were all established in the mid-2000s. The H-1B1 provides an H-1B-like visa status for Singaporean and Chilean nationals. The E-3 functions similarly for Australian nationals. These visas were approved by Congress when trade deals were struck with these three countries. The advantage of these visas is that they are not subject to the H-1B cap. There are quotas for these categories, although none of the quotas have veer been reached.


The CW-1 is transitional visa used for foreign nationals seeking to enter the Commonwealth of the Northern Marianas Islands. The CW-1 visa was set to sunset in 2014, but recent legislation extends the transitional visa until December 31, 2019.


Healthcare workers who work in occupations that require at least a Bachelor degree may qualify for these visas. Typically we see these visas used by Physical Therapists, Occupational Therapists, Doctors, Pharmacists, and Speech Language Pathologists.

Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

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Updated 04-04-2015 at 09:48 AM by CMusillo

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Comments

  1. harshil16's Avatar
    Can you please share the link where you got this information from ?
  2. Anonymous13's Avatar
    Quote Originally Posted by harshil16
    Can you please share the link where you got this information from ?

    This Rules has been passed and effective from Feb 14 2016. but not sure about Dual intent part. The background and description on the regulations.gov doesn't speak of Dual intent it only speaks about 240 days automatic extension.

    I am not an expert though, C.Musillo is.


    Regards,
    Anonymous
  3. kamakazee's Avatar
    As the above posted mentioned, the text of the new ruling does not provide any directions on making E-3's dual intent clear. This is a big disappointment.
  4. alex1234's Avatar
    When i bigg the way folks proliferate this kind of drive when compared with soft we all getting some sort of organise to find out significant question thesis record parades.manpre.com.mx
  5. niki2408's Avatar
    Quote Originally Posted by alex1234
    When i bigg the way folks proliferate this kind of drive when compared with soft we all getting some sort of organise to find out significant question thesis record parades.manpre.com.mx
    Hi .. is dual intent for E3 coming out soon?
    With recent changes made in Jan 2016, the dual intent is still not valid for E3,.. this is very frustrating..
  6. KKK's Avatar
    I am currently on a E3 visa. And I am sure that E3 visa holders can apply for a green card. I can confidently say that because one of my former colleague who came to US on a E3 in 2014 got a green card last year. So I am pretty sure you can apply for a green card.
    I hope it helps.
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