USCIS Clarifies Admission Requirement for Naturalization

 

U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance clarifying the admission requirements for naturalization applicants. This guidance, effective immediately and applicable to both pending and newly filed cases, addresses an important aspect of naturalization law: the lawful admission of applicants as lawful permanent residents (LPRs).

Only Initial Admission Must be Lawful

The updated USCIS Policy Manual specifies that a naturalization applicant must demonstrate they were lawfully admitted for permanent residence only at the time of their initial admission as an LPR or adjustment of status to LPR. Subsequent entries into the United States, regardless of circumstances or legality, do not impact the determination of lawful admission for naturalization purposes.

This clarification aligns with the ruling by the U.S. Court of Appeals for the Fourth Circuit in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024). The decision emphasizes that the focus should be on the lawful admission or adjustment at the time the applicant obtained LPR status, not on later reentries. 

After his lawful admission as a permanent resident, Azumah was deemed inadmissible due to a subsequent embezzlement conviction. Upon his return to the U.S. in 2014, the government paroled him into the country and initiated removal proceedings against him.  After dismissal of proceedings, Azumah applied for naturalization, which was denied by USCIS because he was not “lawfully admitted for permanent residence” when he returned to the United States in 2014.  Upon appeal, the 4th Circuit Court disagreed.

The Fourth Circuit’s Rationale

 The Fourth Circuit highlighted that the statutory language under the Immigration and Nationality Act (INA) specifies that naturalization applicants must prove they were lawfully admitted to the U.S. as permanent residents. The term refers to the applicant's initial lawful entry or adjustment of status to LPR. 

The Fourth Circuit rejected arguments that unlawful subsequent entries could retroactively affect the validity of the initial lawful admission or adjustment. This ensures that individuals who met all legal requirements at the time of becoming LPRs are not penalized for later circumstances that do not invalidate their original status.

The Fourth Circuit also noted the practical need for consistent and predictable standards. By focusing on the initial lawful admission or adjustment, USCIS can streamline adjudication and avoid penalizing applicants for unrelated or subsequent immigration complexities.

Why This Matters

For applicants applying for naturalization, this clarification removes uncertainty about how subsequent entries might affect their eligibility. Applicants who entered or adjusted to LPR status lawfully retain their eligibility for naturalization, even if they later faced challenges with subsequent entries.  USCIS has revised its Policy Manual to incorporate this new policy.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

U.S. Ends Temporary Legal Status for Hundreds of Thousands of Migrants

In a recent policy shift, the Biden Administration announced in early October that it will not renew the legal status for hundreds of thousands of migrants from four countries, significantly impacting those who have been residing in the United States under temporary protections for years. This change is set to affect people from Cuba, Haiti, Nicaragua, and Venezuela, whose legal status had been tied to Temporary Protected Status (TPS) or similar programs aimed at offering refuge from natural disasters and political instability in their home countries.

Details of the Decision

The Biden administration has decided not to extend the 2-year parole program that have allowed these migrants to remain in the country legally for an extended period. This marks a departure from earlier stances where the administration had focused on providing temporary stay extensions, citing humanitarian concerns and the unstable conditions in the countries of origin. Now, as legal protections expire, many face the looming prospect of losing their right to work and live in the U.S.​ If they do not depart, they could also face deportation.

Alternatives

Affected migrants should consider other viable options if they qualify.  For example, Haitians and Venezuelans may qualify for Temporary Protected Status (TPS), while Cuban migrants can apply for permanent resident status under the Cuban Adjustment Act. Political asylum is also an option for those who have a well-founded fear of persecution if they return to their home country.  Migrants may also consider applying for a green card based on sponsorship by a family member or a U.S. employer.

Impact on Migrant Communities

For those affected, this decision creates uncertainty and fear. Some have lived in the U.S. for decades, building families and careers. Many are parents to U.S.-born children, and the termination of their legal status could lead to the separation of families and force others into a difficult decision between staying without documentation or returning to countries still grappling with political and economic challenges.

The policy shift right before the elections also highlights the broader debate within the U.S. regarding the balance between border security, humanitarian needs, and economic considerations.

Legal Challenges and Next Steps

In response, several advocacy groups have pledged to challenge the administration’s decision in court, seeking to extend protections and prevent the deportation of those affected. These groups argue that the decision undermines the U.S.’s role in providing humanitarian relief and that many of those under TPS status have become integral parts of their communities in the U.S.

The Biden administration’s decision has also drawn criticism from both immigration advocates and political opponents, revealing the complex dynamics at play in the nation's immigration policies. As the situation develops, the affected foreign nationals should evaluate their individual situation and plan for the worse case scenario.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Biden Plan to Grant Deportation Relief for Immigrant Spouses of U.S. Citizens

 

In a significant move, the Biden administration announced a plan to grant work authorization and deportation relief to undocumented spouses of U.S. citizens. According to DHS, the program will eventually provide a path for applicants to apply for permanent resident status (green card). This policy shift could impact hundreds of thousands of families currently living under the shadow of immigration uncertainty.

1.1 Million Undocumented Immigrants Have U.S. Citizen Spouses

According to Fwd.us, an immigration advocacy group, approximately 1.1 million undocumented immigrants are married to U.S. citizens. These individuals currently face significant legal hurdles due to their undocumented status, which affects their ability to work legally and exposes them to the risk of deportation. Under existing immigration law, many of these spouses are ineligible to apply for a green card, leaving them in a precarious legal situation despite their marital ties to American citizens. Typically, these individuals have entered the U.S. illegally without inspection by an immigration officer, which makes them ineligible to be legalized even though they are married to American citizens.

Program will Benefit Spouses and Step Children

The Biden Administration plans to grant these undocumented spouses "parole in place." Parole is an executive authority that would allow them to stay in the country temporarily without fear of deportation and enable them to obtain employment authoriziation. This initiative seeks to stabilize the lives of many mixed-status families, providing them with economic opportunities and reducing the constant fear of family separation due to deportation. This program will also confer benefits to step-children of U.S. citizens.  According to NPR, an estimated 500,000 undocumented spouses and 50,000 non-citizen stepchildren would qualify for this relief. 

Program Requirements

Not all undocumented spouses of U.S. citizens would qualify for this Biden plan.  To qualify for parole in place status, the applicant must have been present in the United States for at least 10 years as of June 17, 2024.  It is unclear if physical presense must be continuous at this point. Furthermore, the applicant must have been married to a U.S. citizen on or before June 17, 2024.  Individuals who pose a threat to national security or public safety will not be eligible for this process.  It should also be noted that an applicant who entered the United States legally may apply for permanent resident status through adjustment of status.  These applicants do not need to apply under Biden's parole program. 

Discretionary Adjudciation

According to DHS, this is a discretionary application and will be adjuducated on a case-by-case basis. 

DHS will take into consideration the applicant's previous immigration history, criminal history, the results of background checks and national security, and any other relevant information available to or requested by USCIS. Fraudulent applications will also be screened out of the process.  Individuals with a criminal record and those with serious immigration violations will likely not be eligible for the program. 

Program Rationale and Challenges

The rationale behind this potential policy shift is multifaceted. Advocates argue that providing legal status and work authorization to the spouses of U.S. citizens is not only a humane approach but also economically beneficial. Allowing these individuals to work legally can contribute to the economy and reduce the exploitation often associated with undocumented labor.

Moreover, supporters emphasize the importance of family unity. Keeping families together is a cornerstone of U.S. immigration policy, and providing relief to these spouses aligns with this principle. It also addresses the emotional and psychological toll that the threat of deportation imposes on families.

Challenges and Next Steps

 Implementation of the program is expected to start in late summer, after a formal publication of the details in the Federal Register.  Implementing such a program would not be without challenges.  Opponents of the program will argue such executive actions overstep legal boundaries, as immigration relief should be addressed through legislative channels. The executive branch's authority to grant broad immigration relief without congressional approval may face challenges in court.  Additionally, there would be logistical hurdles in processing and verifying the eligibility of a large number of applicants.  

Conclusion

The Biden administration's plan to grant work authorization and parole status to undocumented spouses and step-children of U.S. citizens represents a significant potential shift in immigration policy. While it promises to alleviate the hardships faced by many families, it also underscores the ongoing challenges of addressing immigration reform in a deeply divided political landscape.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

US to Parole in Certain Family Beneficiaries from Colombia, El Salvador, Guatemala, and Honduras

 

Today, DHS announced a Family Reunification Parole (FRP) Process for certain individuals from Colombia, El Salvador, Guatemala, and Honduras. 

The FRP process allows beneficiaries of approved family immigration visa petitions to be paroled into the U.S. to wait for available visa numbers.

Family members of U.S. citizens and lawful residents may apply for immigrant visas to immigrate to the U.S. based their family relationship.  However, due to the limited immigrant visa numbers allocated by Congress, many beneficiaries have to wait for a long time before visas are available.  

The new FRP program allows these beneficiaries to enter the U.S. under "parole" status to wait for their turn to apply for a green card.  Their family-based I-130 visa petition must be approved first before they may request for parole. Further, they must be outside the U.S. and are otherwise eligible to be paroled.  DHS will review their requests for parole on a case-by-case basis. 

Parole means that somebody is physically allowed to enter but legally not considered here.  DHS usually exercises its parole authority based on urgent humanitarian reasons or significant public benefit.  Here, the intent is to discourage illegal migration through the U.S.-Mexico border.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Humanitarian Parole for Cubans, Haitians, Nicaraguans, and Venezuelans

The U.S. Department of Homeland Security (DHS) announced a process for certain qualified Cubans, Haitians, and Nicaraguans to enter the United States legally as parolees.  After entry by air, these individuals will be eligible to stay temporarily and work legally in the country.  DHS also eliminated a numerical cap for a similar process for Venezuelans announced previously.

Basic Requirements

Under this program, nationals from Cuba, Haiti, Nicaragua, and Venezuela will be granted advanced authorization to enter the U.S. if they meet the legal requirements, including the following three:

1) They must have a U.S. supporter who will promise to provide them with financial and other support;

2) They must undergo and clear a robust security vetting process; and 

3) Deserve a favorable exercise of discretion based on humanitarian reasons or other public interest benefits.

Applicant Eligibility

An eligible applicant under this program must: 

• Be outside the United States;
• Be a national of Cuba, Haiti, Nicaragua, or Venezuela; or be an immediate family member (spouse, common-law partner, and/or unmarried child under the age of 21) who is traveling with an eligible Cuban, Haitian, Nicaraguan, or Venezuelan;
• Have a U.S.-based supporter who filed a Form I-134A on their behalf that USCIS has vetted and confirmed;
• Possess an unexpired passport valid for international travel;
• Provide for their own commercial travel to an air U.S. POE and final U.S. destination;
• Undergo and pass required national security and public safety vetting;
• Comply with all additional requirements, including vaccination requirements and other public health guidelines; and
• Demonstrate that a grant of parole is warranted based on significant public benefit or urgent humanitarian reasons, and that a favorable exercise of discretion is otherwise merited.

A person is ineligible for parole if the person:

• Is a national or permanent resident of, or holds refugee status in, another country, unless he/she is an immediate family members (spouse, common-law partner, or unmarried child under the age of 21) of an eligible national of Cuba, Haiti, Nicaragua, or Venezuela with whom they are traveling.
• Fails to pass national security and public safety vetting or is otherwise deemed not to merit a favorable exercise of discretion;
• Has been ordered removed from the United States within the prior five years or is subject to a bar to inadmissibility based on a prior removal order;
• Has crossed irregularly into the United States, between the POEs, after the date the process was announced, except individuals permitted a single instance of voluntary departure or withdrawal of their application for admission. 
• Has irregularly crossed the Mexican or Panamanian border after the date the process was announced; or
• Is under 18 and not traveling through this process accompanied by a parent or legal guardian, and as such is a child whom the inspecting officer would determine to be an unaccompanied child.

Who can be a U.S. sponsor?

Almost anybody who is legally residing in the U.S. and willing to provide financial and other support can be a sponsor, including: U.S. citizens and residents, refugees, asylees, temporary workers and visitors, individuals granted TPS, DACA and DED statuses.  

A sponsor must pass security and background vetting and demonstrated sufficient financial resources to receive, maintain, and support the individual(s) whom they commit to supporting for the duration of their stay in the United States.  They must provide supporting documents such as bank statements, employment and income verification, income tax return transcripts, etc. Several sponsors can join their efforts to sponsor one beneficiary.  Organizations and other business entities may also provide additional support. 

Basic Applicant Process

Step 1: U.S. Sponsor to Confirm Financial Support

A U.S.-based supporter will submit a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS, for each beneficiary.  USCIS will first confirm that the supporter  is financially capable of sponsoring the beneficiary. 

Step 2: Beneficiary to Submit Biographic Information

Upon receipt of an email notification from USCIS, the beneficiary must confirm their biographic information in myUSCIS and attest to meeting the eligibility requirements including public health requirements, and certain vaccination requirements.

Step 3: Beneficiary to Submit Request in CBP One Mobile Application

After his/her biographic information has been confirmed, the beneficiary will receive instructions through myUSCIS on how to access the CBP One mobile application.  The beneficiary must enter their biographic information into CBP One and provide a photo.

Step 4: Advance Travel Authorization to the United States

Next, the beneficiary will receive a notice in their online account confirming whether CBP will, in its discretion, provide them with advance authorization to travel to the United States to seek a discretionary grant of parole on a case-by-case basis.

Step 5:  Approval and Planning Air Travel to the United States

Upon approval by CBP, the beneficiary will be given authorization to travel to the U.S. within 90 days.  Beneficiaries must purchase their own travel tickets to fly by air to the United States.  

Step 6: Seeking Parole at the Port of Entry

When beneficiaries from these countries arrive in a port of entry, they will still have to go through additional screening and vetting, including additional fingerprint biometric vetting as part of the CBP inspection process. Finally, CBP will inspect them again and grant discretionary parole on a case-by-case basis.  Parole will be granted for up to two years of duration. 

Conclusion

This new process for granting advanced parole to Cubans, Haitians, Nicaraguans, and Venezuelans is good news for the needy citizens of these countries.  Once approved, parole status can be extended and employment authorization will also be granted. Eligible individuals should apply as soon as possible.  The application process and requirements are complicated.  Sponsors and beneficiaries should seek legal assistance if they have any questions regarding the application process.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

The US will continue admitting startup entrepreneurs - an alternative to H-1B

The Biden Administration has announced that it will continue to receive applications for startup entrepreneurs to be paroled into the United States by withdrawing a 2018 notice of proposed rulemaking.  That notice proposed to remove the International Entrepreneur program from DHS regulations.

For those aspiring entrepreneurs who failed to be selected in the H-1B CAP drawing, the International Entrepreneur Rule may be a viable alternative for them to continue working and running their business in the United States. 

The International Entrepreneur Rule (IER) was created by the Obama Administration to provide another way for foreign entrepreneurs to invest and establish new businesses in the U.S. Slated to take effect on July 17, 2017 originally, the IER's implementation was halted and suspended by the Trump Administration at the last minute.  The delay and suspension was challenged by a group of the nation's venture capitalists in federal court.  On December 1, 2017, the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated DHS' final rule to delay the implementation of the IER.  Biden Administration today has formally revived the program. 

Overseas entrepreneurs may continue file petitions to request parole status to enter the U.S. to establish and manage businesses, according to a recent announcement of USCIS.  Upon approval of their petitions, their spouses and children may also enter the U.S.  Further, their spouses may also apply for permission to work in the U.S.  

Under the IER, eligible startup entrepreneurs include those:

(1) Who have a significant ownership interest in the startup (at least 10 percent) and have an active and central role to its operations;

(2) Whose startup was formed in the United States within the past five years; and

(3) Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by proof of significant private financial investments ($250,000 or more) by U.S. citizens, legal residents or entities, or government grants and awards ($10,000 or more) duirng the preceding 18 months.  

Regarding item# above, applicants may also provide other compelling evidence too prove the potential of the startup if private investments and government grants received are less than the above thresholds. 

Each startup entity may petition up to three entrepreneurs for parole status for up to five years.  Their spouses and children under 21 may also be paroled into the United States.  Spouses will be allowed to apply for employment authorization and children will be allowed to attend public schools.

Details of the application process and requirements will be released soon.  Stay tuned for more details regarding this parole rule for entrepreneurs.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

DHS Proposes to Remove International Entrepeneur Rule

The Department of Homeland Security (DHS) is proposing to block foreign entrepreneurs from coming to the U.S. on parole status to create start-up businesses.  On May 29, 2018, DHS published a formal proposal to cancel the International Entrepreneur Rule (IE rule) created in 2017. 

The IE rule was originally formulated during the Obama administration. Its purpose is to encourage international entrepreneurs to start their businesses in the United States. It confers a temporary parole period of 2.5 years during which foreign investors may create and operate start-up businesses in the U.S.  The period can be extended for another 2.5 years if certain conditions are met. The purpose of the IE rule is to provide an opportunity for these new businesses to grow so that they may provide benefits to the public. 

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Now, the DHS is proposing to completely remove the IE rule. It cites reasons of lacking protection for domestic shareholders and too broad an interpretation of "parole". In its proposal to scrape the IE rule, DHS also cites other other visa categories under which international entrepreneurs may apply to bring their start-up to America. 

E-2, EB-2 and EB-5 visas are possible alternatives to the IE rule but are not framed as favorably for entrepreneurs. Each of these visas have specific requirements.  The E-2 visa is only available if a trading treaty exists between the U.S. and the foreigner's nation. The EB-2 immigrant visa has strict eligibility requirements based on education, skills, and achievement.  Further, the EB-2 immigrant visa requires sponsorship by a U.S. employer unless a "national interest waver" is obtained. The adjudication standards for such a waiver are quite high. The other issue with EB-2 is that there is a huge backlog of applicants from certain countries. Larger countries with many applicants like China and India are subject to long waiting times. Entrepreneurs taking this route would therefore face much larger competition and longer waiting times.

The employment-based fifth preference visa is actually intended for entrepreneurs, granting them and their families permanent residence if certain requirements are met.  The EB-5 requirements are investing in domestic business and creating jobs for American workers. The main difference between EB-5 and the IE rule is that the former requires the foreigner to put up with a large sum of investment capital while the latter may receive investment capital form U.S. investors. The EB-5 visa application process is also long and complicated.

The public has 30 days to provide comments to the proposal.  DHS has received thus far 13 IE applications and has not yet approved any application.  These applications may be rejected or denied on the effective date of the new rule or may be granted an opportunity to establish that the applicants are eligible for parole under the traditional parole rule, i.e., for urgent humanitarian reasons or significant public benefits. 

International entrepreneurs may file petitions to enter the U.S., for now

Overseas entrepreneurs may now file petitions to request parole status to enter the U.S. to establish and manage businesses, according to a recent announcement of USCIS.  Upon approval of their petitions, their spouses and children may also enter the U.S.  Further, their spouses may also apply for permission to work in the U.S.  However, at the same time, DHS is also taking steps to cancel this International Entrepreneur Rule.

The International Entrepreneur Rule (IER) was created by the Obama Administration to provide another way for foreign entrepreneurs to invest and establish new businesses in the U.S. Slated to take effect on July 17, 2017 originally, the IER's implementation was halted and suspended by the Trump Administration at the last minute.  The delay and suspension was challenged by a group of the nation's venture capitalists in federal court.  On December 1, 2017, the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated DHS' final rule to delay the implementation of the IER.  

To comply with the federal court ruling, USCIS is accepting applications under the IER.  The IER allows unlimited number of international entrepreneurs to apply for "parole" status to enter the U.S., and use American investments to establish and grow start-up businesses.  Parole is not a visa; it is a discretionary decision made by the U.S. government to allow certain individuals to enter the country, on a case-by-case basis, usually for urgent humanitarian reasons or significant public benefit.  It is only a temporary permission for entrepreneurs and does not confer any permanent resident status or a path to citizenship.   Most importantly, it can be revoked any time in the future. 

Under the IER, eligible startup entrepreneurs include those:

(1) Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations;

(2) Whose startup was formed in the United States within the past three years; and

(3) Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by proof of significant private financial investments or government grants and awards. 

While DHS is implementing the IER, the department is also simultaneously finalizing a notice of proposed rulemaking (NPRM) seeking to remove the rule.  Such an action aims at formally revoking the IER published by the previous administration.  Entrepreneurs are now faced with a conundrum now. Should they apply for parole status under the IER now, knowing that their status may be revoked in the future?  It is a decision that they should make after considering all relevant factors including their personal circumstances, the nature and needs of their businesses, etc.  Further, entrepreneurs may consider applying for other visa programs such as H-1B, O-1, L-1A, E-2, etc.  When in doubt, they should consult with an experienced immigration attorney to carefully analyze their situation. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

White House to Review Entrepreneur Parole Rule

Thinking about forming your startup in the U.S.? Hold that thought for now. The Trump Administration has recalled a published rule for entrepreneurs to enter the U.S. in parole status.

The International Entrepreneur Rule was created by the Obama Administration to bring in more foreign entrepreneurs to the U.S. The final rule was published on January 17, 2017 and was supposed to go into effect on July 17, 2017.   However, the Trump Administration has recently sent the rule back to the Office of Management and Budget for "further review".  As such the future of the rule has become uncertain.  It is expected that the rule will be amended, postponed or even cancelled.  

Most countries such as Canada and Australia have some form of "startup visa" to allow entrepreneurs to enter to start a business venture. America does not such a visa.  The International Entrepreneur Rule designed by the Obama Administration came as close to a startup visa as one can get.

This rule would allow entrepreneurs to enter the U.S. in parole status and work on their startup businesses for a period of 30 months, with another 30 months of extension possible if certain criteria are met.

This rule is based on the parole authority of DHS in the immigration regulation, which allows the government to parole certain individuals into the country for emergency, humanitarian and public interest reasons.  The entrepreneur parole rule was promulgated based on the premise that allowing investors to establish their startups in the U.S. would bring in capital and create jobs, which are public interests.

Under the rule, an investor would be required to have invested at least $250,000 in a startup created within the last five years.   The investor's ownership interest of the business must also be at least 10%. Further, there must be evidence that the startup business has potential for rapid growth and job creation in the U.S.

As parolees, the investors would be allowed to work and develop their businesses. The parole status is less desirable than employer visas such as H-1B, and can be revoked at any time.  However, these entrepreneurs may apply for green cards subsequently if they are qualified otherwise. Upon completion of the initial 30 months, DHS may in the exercise of its discretion grant an extension of 30 months.  An extension would only be approved if at least five full time positions have been created for U.S workers.

Various organizations and trade groups have urged the Trump Administration to green-light the parole rule for entrepreneurs.  However, President Trump so far has not made any public statements on this particular program.  On the one hand, the Trump Administration campaigned on promises of job creation and economic opportunities, which would seem consistent with the startup parole rule. On the other hand, the same administration has also taken tough positions on immigration issues. Hence, it is difficult to predict exactly what they are going to do. A likely outcome would be some sort of compromise - the rule will be permitted to move forward but with some changes of terms and conditions.

Proposal To Grant Foreign Entrepreneurs Temporary Stay In U.S.

What do Google, Yahoo and Tesla have in common? They were all founded or co-founded by immigrants.  According to a recent studies, as of 2010, at least 40% of the Fortune 500 companies in America were founded by immigrants or children of immigrants.  To attract business talents from other countries, the U.S. Department of Homeland Security (DHS) recently proposed a new rule to allow certain international entrepreneurs to enter the U.S. in parole status for up to five (5) years.

From wall street to main street, immigrant entrepreneurs' contributions to American economy cannot be denied.  According to USCIS, the new rule, once finalized, will offer entrepreneurs more options to come to the U.S. to develop their business ventures, which in turn will create job opportunities, attract investment capital and generate revenues in the U.S. 

The new International Entrepreneur Rule authorizes DHS to exercise its discretionary power to parole entrepreneurs of startup enterprises 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."  Each case will be decided on its own.  Eligible startup entrepreneurs are those:

(1) Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations;

(2) Whose startup was formed in the United States within the past three years; and

(3) 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. 

It is important to understand that the rule proposes to grant entrepreneurs "parole" status but not an immigration status or a visa (e.g., H-1B). During the five years of parole period, these startup entrepreneurs may apply for a nonimmigrant visa or lawful permanent residency (green card) if they are otherwise eligible. However, since they are only paroled into the United States, they are not allowed to change or adjust their status inside the country.  Rather, they must first depart the U.S. and apply for a visa to re-enter the U.S. 

Furthermore, their dependents including spouses and minor children may also obtain parole status to stay in the U.S.  The rule also proposes to grant employment authorization to the spouses of startup entrepreneurs. 

The public will have 45 days to submit comments about the new rule following its publication in the Federal Register.  DHS will publish a final rule after considering the public comments. 

Filipino WW II Veterans Parole Program Is Finally Here!

If you are one of the many thousands of Filipino nationals who are waiting for a visa number to immigrate to the U.S., the wait could be over if you are a family member of a Filipino national who fought in the World War II.  Beginning June 8, 2016, Filipino World War II veteran family members whose immigration visa petitions have been approved may be able to be "paroled" into the United States, according to the USCIS.   

This parole policy was first announced by the Obama Administration as part of its executive actions for immigration reform in November 2014.  There are approximately 2,000 to 6,000 Filipino-American World War II veterans who are living in the United States today.  However, despite their status as U.S. citizens and legal residents, their family members usually must wait for decades before they can immigrate to the U.S. due to visa number limitations. As a result, these Filipino veterans must be separated from their family members indefinitely.  The new policy will allow their family members to enter the U.S. while waiting for a visa number to be available; it will also provide the much needed care and support for these aging veterans.  

According to USCIS, each case will be reviewed individually to determine if parole is warranted. It is important to note that it is a discretionary parole, meaning that not all cases will be approved.  Further, even after parole is authorized by USCIS, when the family member arrives at a port of entry, the Custom and Border Patrol (CBP) will review the case again before granting parole. 

Under the new policy, you may still seek parole on your own even if your veteran family member and his/her spouse are both deceased.  Once you are paroled into the U.S., you will be allowed to stay and work while waiting for your final immigration. 

Filipino WWII Vets Family Reunification

Family members of Filipino veterans of World War II may be able to enter the United States in "parole" status, according to a new policy announced by the White House on July 15.  The new policy is part of President Obama's executive actions to improve and modernize the U.S. Immigration System.  The purpose of the new policy is to "Allow certain family members of Filipino veterans, who are currently in the family immigration backlogs, to seek parole so they can care for these aging veterans," as written in a White House fact sheet.  

A quarter million of Filipino soldiers responded to President Roosevelt’s call-to-arms in 1941 and fought for America during World War II.  Yet, family reunification continues to be a challenge for Filipino nationals.  Oftentimes, family members of U.S. citizens and residents must wait up to 10 to 20 years before they can be granted immigrant visas.  See, e.g., August 2015 Visa Bulletin.  This new policy will provide some temporary relief to prolonged family separation, although DHS has not yet announced any specifics on this matter.