Skip to content

USCIS Proposed Rulemaking - Employment-Based Immigrant Petition Reforms

Updated: Author: Alina Kanametova

Example Guides 1 page Anonymized

Official DHS/USCIS proposed rulemaking notice (RIN 1615-AC85) covering amendments to employment-based first, second, and third preference petition regulations...

EB-2 NIW EB-1A EB-1B O-1 Original contribution Leading role

Official source of the document ↗verified 2026-09-09

About this document

A USCIS/DHS proposed rule entry for employment-based immigrant petition reforms in the first, second, and third preference categories. It says the rule would codify and update policy on bona fide job offers, site visits, successorship-in-interest, ability to pay, extraordinary ability, outstanding professors and researchers, NIW evidentiary rules, and physicians of national and international renown. The entry is at the proposed rule stage and points to an NPRM planned for 2026.

Key points

  • Covers employment-based immigrant petitions in first, second, and third preference classifications.
  • States petitions may be filed by employers, or in some cases by the alien on their own behalf.
  • Would define bona fide job offer and clarify site visit authority if finalized.
  • Would codify current guidance and administrative decisions on successorship-in-interest and ability to pay.
  • Would update provisions for extraordinary ability and outstanding professors and researchers.
  • Would clarify evidentiary requirements for first preference cases, NIW cases, and physicians of national and international renown.
  • The agenda entry is at the Proposed Rule Stage and lists an NPRM planned for 2026.

What is inside

  1. Title and publication data
  2. Abstract
  3. Agency and rule status
  4. CFR and legal authority
  5. Timetable and contact

When it helps

Useful as a regulatory-status source for an employment-based petition case, especially where the filing strategy depends on the stated reforms to EB-1, EB-2 NIW, or EB-3 standards. It shows the agency's planned changes to evidentiary requirements and related adjudication topics.

Preparing secure view...

Source: USCIS / official source. The material opens on the site. Reference material, not legal advice.

Related materials

All library materials