News & Analysis as of

Parole for Entrepreneurs

At MintzEdge, we are already thinking about how a recent immigration law development may help our clients grow their ventures. The United States Citizenship and Immigration Services (USCIS) recently announced a new rule for...more

International Entrepreneurs New Proposed Work Authorization for Founders of Start-Up’s And a Comparison to Other Visa Options

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more

Proposed International Entrepreneur Rule Gives Startup Founders Temporary Stay in U.S.

The U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) last week proposed a new rule that will allow certain immigrant startup founders to receive “parole” or temporary permission to...more

U.S. Immigration Proposes Solution for International Entrepreneurs

Current visa options limit the ability of foreign national entrepreneurs to start and grow companies in the United States. As a result, the United States is less able to attract the world’s very best and most innovative...more

Lawsuits Question Procedure and Substance of H-1B Lottery

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa...more

DHS Announces Changes to Benefit Undocumented Immigrants

On July 29, 2016 the Department of Homeland Security announced a final rule that expands eligibility or a provisional waiver of unlawful presence, (‘‘provisional waiver’’). For readers who are unfamiliar with the provisional...more

DHS Expands the Provisional Unlawful Presence Waiver

Today, The U.S. Department of Homeland Security (DHS) finalized a rule that expands eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The provisional unlawful presence waiver...more

Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall...more

Department of Homeland Security Proposes USCIS Fee Increases

The United States Department of Homeland Security (DHS) has proposed increasing the fees that United States Citizenship and Immigration Services (USCIS) charges for certain immigration and naturalization filings. The proposal...more

New STEM OPT Extension Rule Brings Welcomed Relief to Employers and International Students

On March 9, 2016, U.S. Department of Homeland Security (DHS) released an advance copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or...more

DHS Tests Known Employer Program for Certain Immigration Petitions

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program intended to streamline the employment-based immigration process in certain visa categories. The program will modify the process U.S....more

DHS Proposes Rule Affecting Certain Employment-Based Immigrant and Nonimmigrant Applications

On December 31, 2015, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register, entitled “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled...more

F-1 Optional Practical Training Proposed Rule Released; Work Authorization Expanded for STEM Students

The long-awaited proposed rule on F-1 Optional Practical Training (OPT) was published in the Federal Register on October 19, 2015, by the U.S. Department of Homeland Security (DHS). The proposed rule is titled “Improving and...more

Contingency Planning for the Upcoming H-1B Season

The H-1B non-immigrant visa allows foreign workers in certain occupations to legally live and work in the United States for a U.S. employer. In recent years, a growing number of foreign workers have applied for H-1B visas,...more

Immigration Updates: USCIS Announces Yet Another Change to the Visa Bulletin and STEM Graduates Granted a Reprieve by DHS

In our September 16th blog posting, we discussed the updated Visa Bulletin which provided a new chart for would-be immigrants. The new chart provides Dates for Filing Applications, or the earliest dates when an applicant may...more

EB-5 Legislative Update

While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for...more

State Department Revises October 2015 Visa Bulletin

The U.S. Department of State (“DOS”) just issued a revised October 2015 Visa Bulletin. As we noted in our last Alert, the DOS recently changed the format of its Visa Bulletin to add cutoffs for application dates. These are...more

White House Report Offers Roadmap for Modernizing & Streamlining the U.S. Immigration System

On July 15, 2015, in an action that sought to confront a number of the U.S. legal immigration system’s lingering problems, the White House issued a report entitled “Modernizing & Streamlining Our Legal Immigration System for...more

Department of State and Department of Homeland Security Announce a Major Change to the Visa Bulletin

On September 9, 2015, the Department of State and Department of Homeland Security, acting through United States Citizenship and Immigration Services, announced that they were significantly revising Visa Bulletin procedures....more

White House Report Offers Ideas for Streamlining, Improving Immigration System

The White House, in concert with the Secretary of State and U.S. Department of Homeland Security (DHS), has issued a report that proposes ways improve the legal immigration process. The report, Modernizing & Streamlining Our...more

Obama Proposal Would Allow More Illegal Aliens to Stay in US While Seeking Legal Status

A proposal by President Barack Obama would expand the number of illegal aliens who are permitted to remain in the United States while applying for legal status. Federal law currently requires aliens who entered the country...more

Important Changes to the U.S. Department of State’s Visa Bulletin

On September 9, 2015, the U.S. Department of State (DOS) and United States Citizenship and Immigration Services announced important changes impacting certain individuals in the permanent residence (“green card”) process. This...more

The New L-1B Adjudications Policy, Effective August 31

The recently issued U.S. Citizenship and Immigration Services (USCIS) final policy memorandum on L-1B visas clarifies the requirements for a sponsoring multinational organization transferring international personnel to the...more

USCIS to Accept Employment Authorization Applications from Certain H-4 Dependent Spouses

Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received...more

DHS and DOL Issue H-2B Rules

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs....more

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