Immigration News Briefs
International Entrepreneur Rule Proposed
On Aug. 26, 2016, USCIS provided an advance version of a proposed International Entrepreneur Rule for public review.
The proposed rule would allow the Department of Homeland Security (DHS) to exercise discretion, on a case-by-case basis, to provide parole for foreign entrepreneurs who are directing the development of a startup business entity in the United States and whose involvement in the startup would provide a significant public benefit.
To be considered for parole under the proposed rule, an immigrant entrepreneur would be required to
• Own at least 15 percent of the startup and be actively involved in its operation,
• Have formed the business in the United States within the previous three years.
The entrepreneur must also demonstrate that
the business has the potential for job creation and growth by showing
• Investment of a minimum of $345,000 from qualified U.S. investors with success in prior investments,
• The receipt of grants or awards from federal, state, or local government entities.
Under the proposed rule, a qualifying entrepreneur may receive parole for a two-year period, and may be eligible for renewal based upon the success of the start-up.
When finalized, the proposed rule may hold potential for immigrants who find themselves caught in current immigrant visa backlogs, or individuals who seek to emigrate from countries that do not have E-1 or E-2 visa status such as India or China.
Parole Policy for U visa Petitioners and Family
Members Abroad
The U visa—available to individuals who have suffered substantial physical or mental abuse as a result of a qualifying crime and who meet certain other criteria—are now capped at 10,000 per fiscal year. When the cap is exceeded, U petitioners who live abroad are placed on a waiting list and must then proactively seek humanitarian parole to enter the United States. As a result, victims of crimes residing abroad are not able to easily aid investigators and prosecutors.
USCIS will implement a new parole policy for these petitioners and families when a new form and policy guidance are completed in Fiscal Year 2017 (October 1, 2016 to September 30, 2017). The remaining recommendations under consideration are 1) that USCIS allow for concurrent filings of the U visa and the request for parole; and 2) that parole requests be adjudicated at the Vermont Service Center.
APPLICATION FINAL ACTION DATES FOR October 2016
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
22Sep09 |
22Sep09 |
|
2A |
22Dec14 |
22Dec14 |
|
2B |
15Mar10 |
15Mar10 |
|
3rd |
22Dec04 |
22Dec04 |
|
4th |
01Dec02 |
01Nov03 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
15Jan07 |
Current |
|
3rd |
01Mar05 |
01Jun16 |
|
Other |
01Mar05 |
01Jun16 |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
DATES FOR FILING VISA APPLICATIONS - October 2016
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
01Jan11 |
01Jan11 |
|
2A |
22Nov15 |
22Nov15 |
|
2B |
08Feb11 |
08Feb11 |
|
3rd |
22Aug05 |
22Aug05 |
|
4th |
01May04 |
15Jul04 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
22Apr09 |
Current |
|
3rd |
01Jul05 |
Current |
|
Other |
01Jul05 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
Should be https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2016.html but they have a typo in the website address, use this: https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-october-2016.html
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