A strange thing happened on the way to immigration changes this week–the Biden Administration resurrected from the dead a “visa” program that Obama had created on his last day in office (and which the Trump administration tried to kill, but failed).
The important part of the still “new” Entrepreneurial Parole program is that it allows individuals into the United States as investors who have at least $250,000 invested into a “start-up” (this does NOT have to be a tech company) even if their country is not currently one that allows for investor visas (E-2). And, spouses get a work permit as part of this “Parole.” While technically not a visa it allows for multiple entries, extendable three-year stays, and the ability (depending on reinvestment of taxed profits), to convert to an EB-5 immigrant investor visa. See below for some more details, and contact your Kuck Baxter Immigration Attorney for an analysis of your qualifications for this “new” program!
Read below for more on this and the other immigration news of the day.
Here is the Immigration News You NEED to Know Now
UP-TO-DATE IMMIGRATION NEWS
DHS Announces Continuation of International Entrepreneur Program – USCIS said the program, first introduced in 2017, “will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States.”
USCIS Temporarily Suspends Biometrics Requirement for Certain Nonimmigrants Changing or Extending Status – Previously, applicants had to submit requests in writing to reschedule their biometrics appointments.
USCIS Allows Rescheduling of Biometric Appointments by Phone – The Department of Homeland Security plans to withdraw a proposed rule concerning the use and collection of biometrics in the enforcement and administration of immigration laws by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement.
DOL Further Delays Effective Date of Prevailing Wage Computation Final Rule – The Department of Labor has delayed a final rule on prevailing wage computations until November 14, 2022.
CBP Announces Policy Change on National Interest Exceptions at Port of Atlanta – Due to a “recent necessary policy change,” U.S. Customs and Border Protection (CBP) at the Port of Atlanta will only consider processing § 212(f) national interest exception waiver requests for “urgent humanitarian reasons or those involving national security and/or law enforcement matters.”
Afghan Translators/Interpreters Who Helped United States Seek Visas Promised to Them – An estimated 18,000 Afghan translators/interpreters and their families who have aided the U.S. military and government with translation services await pending Special Immigrant Visas. With the September 2021 deadline looming for the United States to withdraw American troops, pleas for visas to be issued quickly have been renewed.
USCIS Provides Guidance on Exemption to Temporary Need Requirement for Certain H-2B Workers in Guam and Marianas – USCIS issued guidance effective immediately regarding the filing and adjudication of temporary nonagricultural worker (H-2B) nonimmigrant visa petitions for certain H-2B workers on Guam and in the Commonwealth of the Northern Mariana Islands.
New Publications and Items of Interest
USCIS listening session on 2021 H-2B supplemental visas. U.S. Citizenship and Immigration Services (USCIS) invites stakeholders to a listening session on April 8, 2021, from 2 to 3:30 pm ET, to provide feedback on § 105 of the Consolidated Appropriations Act, 2021, which authorizes the Department of Homeland Security, in consultation with the Department of Labor, to increase the number of H-2B visas available to U.S. employers. USCIS said it hopes to solicit information on the current needs of U.S. employers in light of the COVID-19 public health emergency, possible worker protection options, and the effect that any potential increase in the number of H-2B workers may have on U.S. workers.https://www.uscis.gov/outreach/2021-h-2b-nonimmigrant-worker-supplemental-visas
New E-Verify feature. A new E-Verify feature, myUploads, allows employees to upload required documents in JPEG, PNG, or PDF formats to help resolve Tentative Nonconfirmations (TNCs). Employees can access their myE-Verify accounts by logging into their USCIS online accounts and uploading the requested documents. They can still use fax or mail to submit documents if they prefer. The employer should provide the Further Action Notice (FAN) to the affected employee, discuss the TNC privately with the employee, and allow the employee to decide whether he or she will contest the TNC. The FAN includes the steps for using myUploads to help resolve a DHS TNC. Once uploaded, the employee must call the number on the FAN to resolve the case.https://myeverify.uscis.gov/
New SAVE features. Systematic Alien Verification for Entitlements (SAVE) is enhancing its case search capabilities, including improved usability through a search bar and other features, and a more robust case search engine. SAVE will notify users by email at least three weeks before the go-live date for enhancements. https://save.uscis.gov/web/media/resourcesContents/SAVESearchCasesTipSheet.pdf
COVID-19 resources. The response of the U.S. immigration agencies to the coronavirus (COVID-19) pandemic is constantly evolving, making it difficult to report relevant, up-to-date information. The list of online resources below is intended to serve as a quick reference to the most current available agency information.
COVID-19 resources.The response of the U.S. immigration agencies to the coronavirus (COVID-19) pandemic is constantly evolving, making it difficult to report relevant, up-to-date information. The list of online resources below is intended to serve as a quick reference to the most current available agency information.
Immigration Agency Information
Department of Labor:
- Office of Foreign Labor Certification:
– COVID-19 FAQs:
Agency Twitter Accounts
· EOIR: @DOJ_EOIR
· ICE: @ICEgov
· Study in the States: @StudyinStates
· USCIS: @USCIS
Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/webinars
Government Agency Links
Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:
Department of State Visa Bulletin:
Kuck Baxter Immigration — In The News
Charles Kuck was quoted by Bloomberg Law in “Their Papers Mired in Pandemic Backlog, Visa Seekers Go to Court.” Mr. Kuck said that delays abroad have prompted EB-5 immigrant investors to join a third class action lawsuit that was filed last month. https://news.bloomberglaw.com/daily-labor-report/their-papers-mired-in-pandemic-backlog-visa-seekers-go-to-court
Charles Kuck was quoted in several media outlets about a recently filed case in which they represented plaintiffs—approximately 245 family, employment, and diversity-based visa applicants and their U.S. sponsors—who sued the Trump administration seeking relief from a Presidential proclamation banning the entry of skilled foreign workers into the United States:
Kuck Baxter Immigration LLC has an office in Adel, Georgia, near the Irwin, Folkston, and Stewart Detention Centers, which hold more than 6,000 detained immigrants. The new office is managed by our Partner Elizabeth Matherne, the former Director for the Southern Poverty Law Center’s Irwin Detention Project.
We have changed the location of our podcast–The Immigration Hour
— to Stitcher. We are entering our 134h year of continuous broadcasts. Listen each week for our latest take on immigration and immigration law!