On January 17, 2017, the U.S. Department of Homeland Security (DHS) published the final rule for providing parole to international entrepreneurs who are starting their own businesses in the U.S. Recall that I had published my commentary on the proposed version of the same rule, here. Of course, as someone who follows and practices immigration options for international entrepreneurs, I was excited for that rule. Then, DHS added more discretionary factors to the EB-2 self-petitions with National Interest Waiver (NIW), which would be difficult to obtain for someone who wants to start their own business soon after graduating with an undergraduate degree. Subsequently, DHS published the NEW Parole for International Entrepreneurs Rule, effective July 17, 2017.
Previously, I released a blog on Five Ways that international entrepreneurs can start a business and obtain a green card. At that time, I mentioned the EB-2 and the National Interest Waiver, which had rigid standards based on NYSDOT, 22 I&N Dec. 215. Towards the end of 2016, against all the rubble and darkness the end of that year provided, a light emerged for international entrepreneurs planning to start their own businesses. In an earlier blog, I outlined in detail the new proposed rule of Parole for International Entrepreneurs, for which the final rule will be published on January 17, and effective 180 days after that. A lot is happening in the international entrepreneurs section of immigration laws, so stay tuned!
We recently worked on a J-1 Visa case where the young lady came here from China on a J-1 Visa, married a U.S. Citizen, and is now seeking a waiver for her foreign residency requirement. The wonderful thing is that J-1 Visas are a good substitute for the overused H-1B, as long as the employer hires through a sponsoring organization. This topic is beyond the scope of this blog, but please contact us if you are interested in finding out how you can do this.
USCIS is increasing their filing fees across the board effective December 23, 2016. We have parsed through the fee summary charts and organized the fees into those that affect the services offered by our firm. We wanted to pass this on to our potential clients to help you plan ahead and also include a little Holiday Surprise during this time of the year.
Our immigration law firm represents many small business employers, many of whom, for many legitimate reasons prefer to hire their family members to assume important functions in their businesses. On October 21, 2016, BALCA released decisions on two cases dealing with PERM labor certification and audits for hiring relatives, Tyrrell Limited on behalf of Espino, Jose Miguel Tantoco and Johnman U.S.A., Inc. d/b/a Karoke Champ, on behalf of Kida, Takuya, with opposite rulings.
With the increasing interest in the pending Parole for International Entrepreneurs Rule, entrepreneurs from other countries are unaware that even before this rule, there were many ways to start your own business and stay in the U.S. Here are some of the methods to allow those that are here on temporary visas, student visas, or other work visas to do just that:
We are so excited about this new rule that we cannot wait until it is published in the Federal Register to write about it. The USCIS began taking comments yesterday. We encourage our readers to submit their thoughts to USCIS, the crucial impact of this program cannot be underestimated. You can read about the proposed rule and send them your comments by using the green button in the upper right-hand corner. They will be taking comments until October 17, 2016. at which time they will begin addressing the comments. The rules will not become final until the date specified in the final rule, which will be published in the Federal Register.
Our firm had an consultation with a company regarding the PERM recruitment process and as a result of the convoluted and outdated process, the employer was not able to hire a foreign national. It was extremely unfortunate because they thought she was the perfect fit for their business needs. However, because of the lengthy PERM Labor Certification process, they could not hire and train her in time. As a result, the foreign national had to plan to leave the country once her H-1B expires and back to the drawing board for the employer. This is just one example of many of how the immigration process contributes to the U.S. talent drain.
My previous post, Is My Potential Employee Cap-Exempt?, explains the six-year limitation for an employee working under H-1B and the concept of recapturing unused time. This is a follow-up to explain the options that may be available for those H-1B employees that are approaching the end of their six years or have exhausted their six years.
American Competitiveness in the 21st Century Act of 2000 (AC21) has two important implications for H-1B employees: (1) a “one-time” protection for H-1B employees by extending their H-1B visa in 3 year increments if the I-140 has been approved under section 104(c), and (2) one-year extensions are available if prior to the exhaustion of the beneficiary’s H-1B time, the beneficiary’s PERM application or the I-140 petition had been pending for more than 365 days under section 106(c).
The next president must make passing The Startup Act one of their priorities as a presidential candidate. This would be one giant step towards immigration reform and to really leverage the power of international talent to improve our economy.Here is why…
One: Stop the STEM Students Brain Drain
Studies show that more STEM students here in the U.S. are foreign compared to those that are U.S. Citisens. It is concerning when “we bring them here, we train them, then they leave,” according to Vince Bartram, president and CEO of Project Lead the Way, as quoted in the U.S.News article. The reason that most of these students leave after their studies is because they could not find jobs to maintain their immigration status in the U.S.