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DHS Seeks to Lighten Employer Load with Pilot Program for Employment-Based Visa Cases

Employers can request that USCIS predetermine that they meet the requirements for certain nonimmigrant and immigrant employment-based visa categories under a new pilot program announced by the Department of Homeland Security (DHS) on March 3, 2016.

The agency’s stated purpose of this program is to streamline the visa process by reducing costs, paperwork, and delays in case processing.

The program would allow a select group of employers to create profiles in the web-based “Known Employer Document Library” (KEDL) and upload documents relating to the relevant requirements. USCIS officers will review the profiles to determine if the employer meets the requirements for certain visa classifications. If the USCIS approves the Known Employer for filings under the specified visa classification, then the Known Employer can proceed with filing individual employee petitions without having to resubmit all of the company information. Documents uploaded into the KEDL also will be available for review by CBP and DOS officers in support of their own adjudications.

The program also will strive to promote consistency in the adjudication of employment-based petitions and provide greater support to CBP and DOS for greater efficiency and consistency at ports of entry and consular posts.

The employment-based visa categories included in this program are:

Nonimmigrant Work Visa Categories:

  • H-1B

  • L-1B

  • L-1A

  • TN

Employment-Based Immigrant Visa Categories:

  • EB-1(B) – Outstanding Researchers and Professors

  • EB-1(C) – Multinational Managers and Executives

Currently, the following five employers have confirmed participation in this limited, invitation-only program.

Jackson Lewis P.C. © 2019

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About this Author

Maggie Murphy Attorney, Immigration, Jackson Lewis Law Firm
Office Managing Principal

Maggie Murphy is the Office Managing Principal in the Austin, Texas, office of Jackson Lewis P.C. She concentrates her practice on advanced U.S. immigration and nationality law and global business immigration matters, assisting employers with immigration challenges facing international workforces.

Ms. Murphy has extensive experience in all areas of U.S. immigration law, but she primarily focuses her current practice on employment-based immigration for corporate clients and outstanding professors/researchers, as well as...

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