This week the Department of Homeland Security (DHS) submitted The Proposed Rule for Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Nonimmigrant Workers, (frequently referred to as the "I-140-EAD Rule") to the Office of Management and Budget (OMB) for final review prior to publication.
The Proposed Rule was published at the end of 2015 and the public comment period lasted for the first 2 months of 2016. Since that time DHS been reviewing the public comments that were submitted in response to the proposed rule. The OMB review process is expected to take 30-60 days and, upon completion, a final rule will be published and would be expected to take effect after 60 days from publication. At present DHS has not indicated whether any significant changes have been made to the rule in response to public comments to the Proposed Rule.
D&S will continue to monitor developments and provide updates as they become available.