June 2017 Visa Bulletin: Cut-Off Dates & Retrogression

EB-1 China & EB-1 India Cut-Off Dates

The U.S. Department of State (DOS) released the visa bulletin for June 2017, which imposes a final action date of January 1, 2012 for both EB-1 China and EB-1 India, which together have already used almost half of the entire EB-1 Worldwide limit for this fiscal year. The purpose of imposing of final action dates for these categories is to control number use under the EB-1 Worldwide annual limit, and to allow numbers to remain available for all other countries. A similar action was taken last fiscal year, where the August 2016 visa bulletin imposed a final action date of January 1, 2010 for both EB-1 China and EB-1 India. Both EB-1 China and EB-1 become “current” once again in October 2016 under the FY 2017 annual limits. Similarly, it is hoped that the final action date for EB-1 China and EB-1 India will return to current on October 1, 2017.
 

Upcoming EB-2 Worldwide Retrogression

Due to sustained high demand for the EB-2 category, it is also anticipated that a final action cut-off date will be imposed on EB-2 worldwide in the next coming months. The cut-off date is not yet predicted at this point. It will be determined based upon the remaining numbers and the monthly demand trend. We are hopeful that this period of retrogression will be brief, and that the category will become current again on October 1, 2017.

Posted in Updates

H-1B Lottery Completed After H-1B Cap Reached

On April 17, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it received approximately 199,000 H-1B petitions during the filing period that ended on April 7, 2017. This includes the advanced degree cap. USCIS conducted the computer-generated lottery on April 11, 2017, selecting enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. This is a significant drop (15.7% decrease) from FY 2017 (April 2016) when USCIS received 236,000 H-1B applications.

Cases that are selected as part of the H-1B lottery will receive receipt notices within the next 2-3 weeks. For petitions not selected as part of the H-1B cap, USCIS will reject and return the petition with filing fees. Based on our experience in the last few years, rejections were a low priority for USCIS and were received between May and July.

Applicants will not know whether their cases have been selected until they either get a receipt notice or the rejected package. Checking to see if the government filing fee checks have been cashed is one way to get an “early” indication that a case has been selected as part of the H-1B lottery.

Please feel free to contact the Loke Walsh Immigration Law team if you have any questions.
 


Posted in Updates

Trump Administration’s Revised Travel Ban — What You Need to Know

On Monday, March 6, the Trump Administration issued its revised “travel ban,” formally known as the “Protecting the Nation From Foreign Terrorist Entry To The United States” Executive Order. It is effective on March 16, 2017.
 

What Are Some of the Key Provisions from the Revised Executive Order?

Some of its key provisions include:

  • The suspension of immigrant and nonimmigrant entry for a minimum of 90 days for people from Sudan, Syria, Iran, Libya, Somalia and Yemen who are outside of the United States on the effective date of this order and who did not have a valid visa at 5:00 pm Eastern Standard Time on January 27, 2017.
    • Iraq is exempted from this new ban.
    • In the first 20 days, DHS will perform a global, country-by-country review of the identity and security information that each country provides to the U.S. Government to support U.S. visa and other immigration benefit determinations. Countries will then have 50 days to comply with the requests from the U.S. Government to update or improve the quality of the information they provide. If the U.S. Government is not satisfied with the efforts, the 90 day suspension could be extended indefinitely.
  • Requires in-person interviews for all nonimmigrant visa applicants, except for diplomatic visas, UN and NATO visas and specific statutory exceptions for children under the age of 14 and elderly applicants over the age of 80.
    • In the past, most nonimmigrant (e.g. F-1, H-1B, J-1, L-1, O-1) visa applicants applying for renewals could apply by mail – this option is no longer available as an in-person interview is now required. For example, an H-1B applying for their 2nd H-1B is no longer eligible to apply for the visa by mail, s/he must attend an in-person interview at a U.S. embassy or consulate. Similarly, an F-1 graduate student applying for another F-1 during the same program must now apply in-person at a U.S. embassy or consulate.
  • The suspension of the refugee program for 120 days although refugees already vetted and in transit could continue their journey to safety.

 

Who is Exempt From the Revised Executive Order?

The following are exempt (i.e. not impacted) from the revised travel ban:

  • Foreign nationals traveling on diplomatic, NATO, C-2 for United Nationals, G-1, G-2, G-3, or G-4 visas and individuals already granted asylum or refugee status in the United States before the effective date of this order.
  • Permanent residents or Green Card holders from Sudan, Syria, Iran, Libya, Somalia and Yemen.
  • Foreign nationals from Sudan, Syria, Iran, Libya, Somalia and Yemen (and their dependents) who have valid nonimmigrant (e.g. E-1, E-2, F-1, H-1B, H-3, I, J-1, L-1, O-1, O-2, P-1, P-3, etc.) or immigrant visas.
    • Nonimmigrant visa holders (and their dependents) such as Es, F-1s, J-1s, H-1Bs, L-1s, O-1s may continue to travel to the United States on those visas if they are otherwise valid. However, if the visa is a single-entry visa or has expired, we do not recommend any international travel.
    • Individuals from these 6 countries with advance parole travel documents or combo cards may continue to travel to the United States as long as the parole or combo card is valid.
  • Dual nationals (e.g. born in Iran with a Swedish passport) presenting passports from unrestricted countries.
  • Canadian landed immigrants who hold passports from one of the 6 countries are eligible to apply for a visa in Canada and coordinate a waiver (where the foreign national must show that his or her entry into the United States is in the national interest, will not pose a threat to national security, and that denying entry during the suspension period will cause undue hardship).
  • Foreign nationals from Sudan, Syria, Iran, Libya, Somalia and Yemen who are already physically present in the United States.
  • USCIS will continue to adjudicate all nonimmigrant (e.g. E-1, E-2, F-1, H-1B, H-3, I, J-1, L-1, O-1, O-2, P-1, P-3, etc.) and immigrant (green card/I-485 Adjustment of Status applications) visa and citizenship applications from nationals of these 6 countries. USCIS will also continue to adjudicate EAD and OPT applications from nationals of the 6 countries.

It is important to note that the Executive Order does not apply to the foreign nationals from Sudan, Syria, Iran, Libya, Somalia and Yemen who are already physically present in the United States on the effective date of the Executive Order. This includes those holding valid nonimmigrant status such as an E-1, E-2, F-1, H-1B, H-3, I, J-1, L-1, O-1, O-2, P-1, P-3, etc.
 

What About International Travel For Foreign Nationals From Sudan, Syria, Iran, Libya, Somalia and Yemen Who are Already in the United States?

Based on these new developments, we do not recommend any international travel for foreign nationals from Sudan, Syria, Iran, Libya, Somalia and Yemen who have to renew nonimmigrant visas while abroad. Nationals of these 6 countries should remain in the United States for now.
 

What About International Travel For Foreign Nationals From Unrestricted Countries?

The revised travel ban does not impact foreign nationals from unrestricted countries who have valid nonimmigrant visas. While these are troubling times, we believe that you should continue to make international travel plans – vacations, business trips, visit friends and family, take your dream vacation or check off a destination from your bucket list (unless that destination is one of the 6 countries). Having said that, foreign nationals should be diligent and ensure that all of their documents are in order to ensure a smooth re-entry at CBP on return to the United States. This means that:

  • If you have a nonimmigrant visa (e.g. E-1, E-2, H-1B, H-3, L-1, O-1, O-2, P-1, P-3), you must have a valid visa “stamp” in your passport and should carry your I-797 Approval Notice, along with a business card or employment verification letter.
  • If you are dual national with a passport from an unrestricted country, you must have a valid visa “stamp” in your passport and you should carry your I-797 Approval Notice, along with a business card or employment verification letter.
  • If you are a Canadian dual national (e.g. Canadian passport holder born in Sudan), you are visa exempt, but you should carry your I-797 Approval Notice (except for TNs who applied at the border/airport who do not have an I-797 Approval Notice) along with a business card or employment verification letter.
  • If you are an E-1 or E-2 visa holder and applied for your E visa directly at a U.S. embassy or consulate abroad, you will not have an I-797 Approval Notice, but you must have a valid E visa “stamp” in your passport and you should carry a business card or employment verification letter.
  • If you are an F-1 student, you must have a valid F-1 visa “stamp” in your passport and an I-20 that has been endorsed for travel within the last six months.
  • If you are an F-1 student on OPT or STEM OPT, you should have your EAD (or receipt notice if pending), a valid F-1 visa “stamp” in your passport and an I-20 that has been endorsed for travel within the last six months.
  • If you are a J-1 student, you must have a valid J-1 visa “stamp” in your passport and a DS-2019 that has been endorsed for travel.
  • If you are travelling with a combo card or Advance Parole travel document, you will be sent to secondary inspection as part of the routine process.
  • NOTE: If you are a Canadian landed immigrant from one of the 6 countries, you must have a valid visa “stamp” in your passport and you should carry your I-797 Approval Notice along with a business card or employment verification letter. Canadian landed immigrants will have to obtain a waiver at the port-of-entry.

 

What About Travel For Foreign Nationals From Unrestricted Countries to Sudan, Syria, Iran, Libya, Somalia and Yemen?

Travelers from unrestricted countries visiting Sudan, Syria, Iran, Libya, Somalia, Yemen and even Iraq are likely to be sent to secondary inspection and questioned upon return to the United States. We recommend avoiding travel to these countries unless absolutely necessary.
 


Posted in Updates

USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions

The U.S. Citizenship and Immigration Services (USCIS) announced today that beginning April 3, 2017, USCIS will temporarily suspend premium processing for ALL H-1B petitions, including FY 2018 H-1B cap cases, H-1B cap-exempt cases and H-1B extensions. USCIS will reject any Form I-907 filed with an H-1B petition during the suspension period, which may last up to 6 months.

Posted in Updates

USCIS Issues Updated M-274 Handbook for Employers: Guidance for Completing Form I-9

REMINDER!

Since January 22, 2017, employers must use the new Form I-9 Employment Eligibility Verification (11/14/2016 N version). The U.S. Citizenship and Immigration Services (USCIS) has also just released an updated M-274, Handbook for Employers: Guidance for Completing Form I-9 (PDF, 5.36 MB), providing employers with detailed guidance for completing Form I-9. USCIS also released a Table of Changes for Revised M-274 (PDF, 495 KB) for highlights of the changes.

Posted in Updates

DENIED! — Appeals Court Rules Against Reinstating Trump’s Travel Ban

After a tumultuous few weeks of chaos, global condemnation and law suits, the 9th Circuit Court of Appeals issued its highly anticipated decision on Thursday, refusing to reinstate Trump’s travel ban. The case will likely continue to make its way through the court system and possibly the Supreme Court, but for now this means that there is no travel ban for nationals of any countries. CBP will continue to admit travelers from all over the world including nationals from the 7 designated countries – Iran, Iraq, Libya, Sudan, Somalia, Syria and Yemen. US embassies and consulates around the world will continue to issue nonimmigrant and immigrant visas to applicants of these 7 countries.

Here’s a recap of the last two weeks:

  • On Friday, January 27th, 2017, Trump signed an Executive Order, titled “Protecting The Nation From Foreign Terrorist Entry To The United States.” The EO went into effect immediately creating chaos around the world as travelers from the 7 designated countries were prohibited from boarding flights to the United States and travelers in mid-flight were put on a plane back home after arriving in the United States. For more on the specifics of the EO, see our previous post on January 30, 2017.
  • As of February 2, 2017, CBP had recommended “Denial of Boarding” to 1,222 people, granted 87 waivers and processed 1,610 green card waivers. It took a few days, but the government eventually confirmed that permanent residents (i.e. green card holders) with passports from one of the 7 designated countries would be admitted in the “national interest.” CBP also confirmed that dual nationals presenting passports from unrestricted country would be admitted to the United States (for example, someone born in Sudan with a UK passport could enter the United States with their UK passport). Canadian landed immigrants traveling from Canada were also exempt from the travel ban. US embassies and consulates also confirmed that dual nationals could still apply for nonimmigrant and immigrant visas if applying with a passport from an unrestricted country.
  • During this week of chaos, USCIS confirmed that it would continue adjudicating all applications for benefits and that the EO did not impact nationals from these 7 countries who were already in the United States. This meant that USCIS would continue to adjudicate F-1 OPT applications, nonimmigrant visa applications (e.g. F-1, H-1B, O-1, L-1, etc.), immigrant visa applications for green cards, citizenship applications, etc. for nationals of these 7 designated countries.
  • On Friday, February 3, 2017, a Washington state judge, James Robart, issued a nationwide order temporarily banning the enforcement of the travel ban. CBP immediately confirmed that airports were “back to normal” processing and travelers from the 7 countries have been admitted to the United States since then. US embassies and consulates, after provisionally revoking approximately 100,000 visas, rescinded this order and these visas were once again deemed “valid.”
  • On Saturday, February 4, 2017, the DOJ filed an emergency request to the 9th Circuit Appeals Court. The 9th Circuit declined to issue an emergency stay but held hearings on Tuesday, February 7th, 2017.
  • On Thursday, February 9th, the 9th Circuit in a 3-0 decision (with a 29-page decision) declined to reinstate Trump’s travel ban.

 


 

The situation remains fluid with Trump calling this latest ruling as a “disgraceful decision” and promising to take it all the way to the Supreme Court. But for now, there is no travel ban and nationals from these 7 designated countries, as well as refugees, may continue to enter the United States. The impact of the last few weeks has not only created an unprecedented level of anxiety for nationals of these 7 countries, but also for many foreign nationals from all over the world who love America, who contribute to America and who call the United States “home.”

In this uncertain time, we at Loke Walsh Immigration stand with Immigrants in support of “our” America.

Posted in Updates

CBP Publishes FAQs on Trump Travel Ban (UPDATED)

On Tuesday, January 31, 2017, the U.S. Customs and Border Protection (CBP) published FAQs on the Trump travel ban, which included statistics on how many travelers have been affected since the Executive Order was signed on January 27, 2017.

CBP Executive Order Actions (UPDATED)
Recommended Denial of Boarding 1,136
Legal Permanent Resident (LPR) waivers 1,059
Visa holders granted waivers 87
(valid as of 1500 hrs, February 1, 2017)
 
Update

The CBP FAQs reference below was also updated with additional questions and answers.
 


Posted in Updates

Trump’s Immigration Ban: An Update On Where Things Stand

Last week, we posted a Travel Warning in anticipation of President Trump signing an Executive Order (EO) impacting immigration. On Friday, January 27th, 2017, Trump signed the EO titled “Protecting The Nation From Foreign Terrorist Entry To The United States.” Over the weekend, chaos ensued at airports around the United States as international travelers with valid nonimmigrant and immigrant visas and refugees were turned away, detained or sent home on the next flight out of the United States. In the midst of national and global condemnation not only about the EO but also at the contradictory, poorly planned implementation of this EO, federal judges around the United States granted stays or barred federal officials from detaining or removing individuals subject to the EO.

Here is where things stand as of Monday, January, 30, 2017. Amongst other things, the Executive Order:

  • Suspends entry of anyone with a nonimmigrant visa (i.e. anyone with a student visa (F-1) or work visa such as a B-1/B-2, F-1, J-1, H-3, H-1B, L-1, O-1, etc.) or immigrant visa (i.e. green card holder) from 7 designated countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, for 90 days. Additionally, after 90 days, travel is not automatically reinstated. Instead, DHS is required to report whether countries have provided the required information.” If not, the country would have 60 days to comply, or the travel ban would become indefinite. The Trump administration could expand these countries beyond the 7 listed countries.
  • After much confusion this weekend, CBP confirmed on Sunday evening (January 29th) that lawful permanent residents will likely be subject to further questioning upon arrival in the United States but absent any derogatory information, would be granted a national interest exemption.
  • Suspends the refugee program for 120 days and bars all Syrian refugees indefinitely.
  • Suspends the waiver of visa interviews program at U.S. embassies and consulates around the world, requiring interviews for all visa applicants. In the past, some embassies waived interviews for certain renewal applicants (e.g. H-1B visa holder applying to renew the H-1B visa), children under the age of 14 and elderly applicants over the age of 80).
  • The Department of State confirmed that the issuance of visas to national of the 7 designated countries has been suspended immediately until further notification.

What is unclear at this point:

  • The EO may impact the entry to the United States of anyone who is a dual national (i.e. someone born in one of these 7 designated countries who has a passport from another country or who has passports for both countries. For example, someone born in Sudan with a UK passport).
  • The EO may impact the entry of those who have merely traveled to one of these 7 designated countries. NB. The United States already made changes to the Visa Waiver program (ESTA) in 2016, restricting eligibility for 1) nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country) and 2) nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria. Individuals impacted by this change are now required to apply for a traditional B-1/B-2 visa at a U.S. consular post.

For now, we strongly recommend that anyone who could be impacted, (i.e. your friends, colleagues, co-workers, employees and family members from any of the designated 7 countries, who are in the United States with valid visas or green cards), postpone any international travel to avoid complications on their return to the United States.

Please note that this travel ban only impacts the above-mentioned individuals who are citizens or nationals of these 7 designated countries or travelers who travel to these countries. It does not impact anyone else from non-designated countries.

The situation is still very fluid as everyone (including the government) scrambles to deal with the situation, but Loke Walsh Immigration Law will keep you posted with any updates.
 


Posted in Updates

Travel Warning for Nationals of Certain Countries in Anticipation of Trump’s Executive Order (UPDATED)

President Donald Trump is expected to sign an Executive Order this week relating to visa issuance, screening procedures, and refugees. The draft Executive Order is titled “Protecting the Nation from Terrorist Attacks by Foreign Nationals.” It should be noted that this is not the final version of the Executive Order and it has yet to be signed by Trump. However, we are sharing this Travel Alert because of the widespread anxiety from foreign nationals.

One of the provisions (Section 3) of the draft Executive Order, if implemented as written, would “suspend” the immigrant and nonimmigrant entry of nationals from certain designated countries for 30 days from the date of the order. Designated countries are tied to the Visa Waiver provisions of the 2016 Consolidated Appropriations Act and if implemented without change, would include Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Additional countries could be included. There is a possibility that people who travel to these designated countries may also face travel restrictions.

The order also does not define what it means to be “from” a designated country. A broad interpretation could include passport holders, citizens, nationals, dual nationals, etc. Additionally, after 30 days, travel is not automatically reinstated. Instead, DHS would be required to report whether countries have provided information “needed … for the adjudication of any … benefit under the INA … to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.” If not, the country would have 60 days to comply, or the travel ban would become indefinite.

In abundance of caution, we recommend that anyone from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen who might be affected by the Executive Order, postpone any international trips if they are already here, or try to return to the United States as soon as possible (tonight or early tomorrow) if they are outside of the country.

Updates

In The News

We will keep you posted with any further developments.

Posted in Updates

The International Entrepreneur Visa (“Parole”) Is Here!

One Last Surprise from the Obama Administration

On January 17, 2017, the Department of Homeland Security (DHS) published a final rule (“The International Entrepreneur Rule”) to improve the ability of certain promising start-up founders to begin growing their companies within the United States and help improve the economy through increased capital spending, innovation and job creation. DHS published this final rule just 3 days before the Trump administration took office.

Under this final rule, DHS may use its “parole” authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation. The new rule is effective on July 17, 2017.

Under this final rule, eligibility may be extended to up to three entrepreneurs per start-up entity, as well as spouses and children. Entrepreneurs granted parole will be eligible to work only for their start-up business. Their spouses may apply for work authorization in the United States, but their minor children will not be eligible for work authorization.
 

Validity Period of the Entrepreneur Parole

Eligible entrepreneurs may be granted a stay of up to 30 months, with the possibility to extend the period by up to 30 additional months if they meet certain criteria, in the discretion of DHS. An entrepreneur may not exceed the maximum period of five years on a parole based on the same-start up entity.
 

How to Qualify for the Entrepreneur Parole

To qualify, an entrepreneur must demonstrate that he or she meets the following criteria:

  • The entrepreneur possesses a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
    • An entrepreneur must possess at least a 10 percent ownership interest in the start-up entity at the time of adjudication of the initial parole; and
    • An entrepreneur must possess at least a 5 percent ownership interest in the start-up entity at the time of adjudication of the re-parole.
    • During the initial parole, the entrepreneur may continue to reduce ownership interest, but must at all times during the initial parole period, maintain at least a 5 percent ownership interest in the entity.
    • During the re-parole period, the entrepreneur may continue to reduce the ownership interest, but must, at all times maintain an ownership interest in the entity.
  • The entrepreneur has a central and active role in the start-up entity such that the applicant is well-positioned to substantially assist with the growth and success of the business.
  • The entrepreneur can prove that his or her stay will provide a significant public benefit to the United States based on his or her role as an entrepreneur of the start-up entity by:
    • Showing that the start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
    • Showing that the start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state or local government entities that regularly provide such awards or grants to start-up entities; or
    • Alternative criteria: showing that they partially meet either or both of the previous two requirements and providing additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.

 

Definitions

Qualified Investment: An investment made in good faith that is not an attempt to circumvent any limitations imposed on investments, of lawfully derived capital in a start-up entity that is a purchase from such entity of its equity, convertible debt, or other security convertible into its equity commonly used in financing transactions within such entity’s industry. A qualified investment cannot come, whether directly or indirectly, from the entrepreneur; the parents, spouse, brother, sister, son or daughter of such an entrepreneur; or any corporation, limited liability company, partnership, or other entity in which such entrepreneur or the parents, spouse, brother, sister, son or daughter of such entrepreneur directly or indirectly has any ownership interest.

Qualified Investor: An individual who is a U.S. citizen or lawful permanent resident (i.e. green card) of the United States, or an organization that is located in the United States and operates through a legal entity organized under the laws of the United States or any state, that is majority owned and controlled, directly and indirectly, by U.S. citizens or lawful permanent residents of the United States. The “investor” must be an individual or organization that regularly makes substantial investments in start-up entities that subsequently exhibit substantial growth in terms of revenue generation and job creation.

A qualified investor must have in the preceding five years:

  1. Made investments in start-up entities in exchange for equity, convertible debt or other security convertible into equity commonly used in financing transactions within their respective industries, comprising a total in such 5-year period of no less than $600,000; and
  2. Subsequent to such investment, at least 2 such entities each created at least 5 qualified jobs or generated at least $500,000 in revenue with average annualized revenue growth of at least 20 percent.

Qualified Job: A full-time employment (35 hours per week) located in the United States that has been filled for at least 1 year by one or more qualifying employees. Combinations of part-time positions (even if when combined, such positions meet the hourly requirement per week) do not meet this definition of a “qualified job.”

Qualifying Employee: A U.S. citizen, a lawful permanent resident, or other immigrant lawfully authorized to be employed in the United States, who is not an entrepreneur of the relevant start-up entity or the parent, spouse, brother, sister, son, or daughter of such an entrepreneur. Independent contractors do not count as a qualified employee.
 

Applying for Initial Parole

  1. The start-up entity must have received, within 18 months prior to filing the application for parole, a qualified investment of at least $250,000 from one or more qualified investors; or
  2. The start-up entity must have received within 18 months prior to filing the application for parole, an amount of at least $100,000 through one or more qualified government awards or grants.

 

Applying for Re-Parole

To qualify for a re-parole, the entrepreneur must demonstrate that she or he is still an entrepreneur and that the start-up entity has:

  1. Received at least $500,000 in qualifying investments, qualified government awards or grants, or a combination of such funding during the initial parole period; or
  2. Created at least 5 qualified jobs with the start-up entity during the initial parole period; or
  3. Reached at least $500,000 in annual revenue in the United States and averaged 20 percent in annual revenue growth during the initial parole period.

Alternatively, an entrepreneur who partially meets one or more of the above criteria may provide other reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.
 

Employment Authorization

An entrepreneur who is paroled into the United States is authorized for employment with the start-up entity immediately upon entry or approval. However, the spouse of an entrepreneur must apply for employment authorization with USCIS which issues an Employment Authorization Document (EAD).
 

Maintaining the Entrepreneurial Parole

As a condition of parole, an entrepreneur must maintain household income that is greater than 400% of the federal poverty line for his or her household size as defined by the Department of Health and Human Services.

An entrepreneur granted a parole must report any material change(s) to USCIS. Material changes include but are not limited to the following: a significant change with respect to ownership and control of the start-up entity; a cessation of the entrepreneur’s qualifying ownership interest in the start-up entity or the entrepreneur’s central and active role in the operations of the start-up entity; a sale or other disposition of all or substantially all of the start-up entity’s assets; the liquidation, dissolution or cessation of operations of the start-up entity; the voluntary or involuntary filing of a bankruptcy petition by or against the start-up entity; any criminal charge, conviction, plea of no contest, or other judicial determination in a criminal case concerning the entrepreneur or start-up entity; any complaint, settlement, judgment, or other judicial or administrative determination concerning the entrepreneur or start-up entity in a legal or administrative proceeding brought by a government entity; any settlement, judgment or other legal determination concerning the entrepreneur or start-up entity in a legal proceeding brought by a private individual or organization other than proceedings primarily involving claims for damages not exceeding 10 percent of the current assets of the entrepreneur or start-up entity.

DHS estimates that 2,940 entrepreneurs will be eligible under this rule annually.

We will keep you posted with any further updates.

Posted in Updates