U.S. employers and foreign nationals can forego the arduous and lengthy labor certification process if they receive an EB-2 National Interest Waiver (NIW). An NIW means employers can forego labor certification for an EB-2 green card for foreign nationals with “exceptional ability” in the sciences, arts, or business, or an advanced degree if in the “national…
DetailsI took an immigration case in June through my volunteer work with the Mesa Verde Pro Bono Project. I’m thrilled to report that last week an immigration court judge granted asylum to my West African client. Akosua was released from the detention facility where she’s been incarcerated since spring. She joined her relatives living on the…
DetailsTrailing spouses are eligible to apply for work authorization under the proposed International Entrepreneur Rule, one of the rule’s major benefits. The proposed International Entrepreneur Rule is currently in a public comment period. If approved in its current form, the rule gives United States Citizenship and Immigration Services (USCIS) the discretion to grant parole—or a…
DetailsImmigration has been the hot-button issue of the 2016 presidential race. Hillary Clinton and Donald Trump were taking opposite roads to immigration reform—until last week. In the wake of a meeting with his new Hispanic advisory council, Trump made comments that suggested he may be softening his hard-line immigration policy. The Republican nominee is currently…
DetailsThe Department of Homeland Security published its proposed International Entrepreneur Rule in the Federal Register today, kicking off a 45-day public comment period. Under the proposed International Entrepreneur Rule, United States Citizenship and Immigration Services (USCIS) would have the discretion to grant parole—or a temporary stay in the U.S.—to foreign entrepreneurs who create, oversee and…
DetailsOnce the International Entrepreneur Rule is officially published in the Federal Register at regulations.gov, a 45-day comment period will kick-off where you are invited to tell USCIS what you think about the rule. Below are the instructions for how to respond in when it’s time. In the meantime, or of you would like to speak…
DetailsSomeone claiming to be from U.S. Citizenship and Immigration Services (USCIS) is calling people to threaten, intimidate and scam money from them. Scammers appear to be calling from Washington, D.C., showing up on recipient’s caller ID as a phone number with a 202 area code, or from the toll-free USCIS National Customer Service Center number. The scam callers are…
DetailsThe International Entrepreneur Rule has not yet been published in the Federal Register. However, I’ve extracted the text from the proposed rule from U.S. Citizenship and Immigration Services (USCIS). Once the rule is published in the Federal Register, the public will have 45 days to comment before it goes into effect. The Department of Homeland…
DetailsThe Obama administration used discretionary parole authority to pave the way for thousands of entrepreneurs to gain admittance into the U.S. under the International Entrepreneur Rule that was proposed today. What is Parole? Parole—or temporarily admitting a foreign national into the U.S. who does not meet the requirements for a visa—is typically used in humanitarian cases or in situations where entry would bring a…
DetailsThe Obama administration proposed a new rule that opens the door for foreign entrepreneurs to create a startup business in the U.S. even if they are ineligible for a visa. What is Parole? Under the proposed rule, United States Citizenship and Immigration Services (USCIS) would have the discretion to grant parole to foreign entrepreneurs. Parole is a temporary…
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