USCIS Proposes Rule to Welcome International Entrepreneurs

8月 29, 2016

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States.

Read the advance version of the notice of proposed rulemaking: International Entrepreneur Rule. Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. To submit comments, follow the instructions in the notice.

“America’s economy has long benefitted from the contributions of immigrant entrepreneurs, from Main Street to Silicon Valley,” said Director León Rodríguez. “This proposed rule, when finalized, will help our economy grow by expanding immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment and generating revenue in the U.S.”

The proposed rule would allow the Department of Homeland Security (DHS) to use its existing discretionary statutory parole authority for entrepreneurs of startup entities whose stay in the United States would provide a significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation. Under this proposed rule, DHS may parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises:

  • Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations;
  • Whose startup was formed in the United States within the past three years; and
  • Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by:
    • Receiving significant investment of capital (at least $345,000) from certain qualified U.S. investors with established records of successful investments;
    • Receiving significant awards or grants (at least $100,000) from certain federal, state or local government entities; or
    • Partially satisfying one or both of the above criteria in addition to other reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation.

Under the proposed rule, entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entity in the United States. A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to provide a significant public benefit as evidenced by substantial increases in capital investment, revenue or job creation.

The notice of proposed rulemaking in the Federal Register invites public comment for 45 days, after which USCIS will address the comments received. The proposed rule does not take effect with the publication of the notice of proposed rulemaking. It will take effect on the date indicated in the final rule when a final rule is published in the Federal Register.

USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions

8月 3, 2016
USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in our computer-generated random selection process. If you submitted an H-1B cap-subject between April 1 and April 7, 2016 and have not received a receipt notice or a returned petition by July 22, 2016, you should contact USCIS for assistance.

USCIS completed data entry for all FY 2017 cap-subject petitions as of May 2, 2016

6月 29, 2016

USCIS made the announcement on May 2, 2016 that they have completed data entry of all fiscal year 2017 cap-subject petitions in the computer-generated random process. USCIS has begun the process of returning unselected cases but due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions. USCIS asks petitioners not to inquire about the status of submitted cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned.

Source: USCIS

US Consulate in Toronto Suspends Third Country National Appointment in Summer

Following a trend from past summers, the U.S. Consulate in Toronto has suspended Third Country Nationals’ (non-Canadian Nationals’) visa appointments in the summer months of June, July, and August. This suspension only applies to Third Country Nationals and Canadian citizen applicants. Those Third Country Nationals who are legally living in Canada are unaffected. Third Country Nationals with an appointment already scheduled during the summer months may not be affected. However, applicants should consult with counsel or call the Consulate in advance to confirm prior to traveling to Canada. For now, it appears that the other U.S. Consulates in Canada will continue processing Third Country Applicant visa applications during, but this could change as in years past.

Source: The National Law Review