The U.S. Department of Homeland Security (DHS) plans to update rules for employment-based petitions in the first, second, and third preference categories, per an agenda release. These changes could be part of the DHS regulatory agenda in June 2025. While employers usually file these petitions, noncitizens can also apply on their own.

According to the DHS release, the focus is on revising the rules for petitions related to extraordinary ability and outstanding professors and researchers, among other areas. The update will also clarify what proof is needed for the top preference category and improve guidelines for renowned physicians. Additionally, the rules will address and correct current guidance, successorship-in-interest, and the ability to pay.

The three employment-based petition preference categories are:

• First Preference: Extraordinary ability in specific fields, outstanding profession and researchers, and some multinational executives
• Second Preference: Master’s degree holders or exceptional ability
• Third Preference: Other skilled workers and professionals.

As always, if you have questions about any U.S. immigration-related issue, including employment-based issues, please contact us. Our team of experienced attorneys actively monitor ongoing updates to U.S. immigration policy and work with our clients every step of the way.