The Department of Homeland Security (DHS) proposed a rule to end a program that allows certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here, known as the International Entrepreneur Rule (IE Final Rule). In July 2017, DHS published a final rule to delay the implementation date of the IE Final Rule to March 14, 2018, to give the Department time to draft a rescission of the IE Final Rule.
1) EB-5 Tenant Occupancy USCIS is revising guidance on immigrant investor (EB-5) cases involving tenant occupancy. Previously, the USCIS Policy Manual allowed for tenant-occupancy methodologies used by some petitioners to show their capital created, or will create, 10 indirect jobs. USCIS determined that these methodologies do not provide reasonable predictions of indirect job creation and are no longer considered reasonable methodologies to support economically or statistica
On May 11, 2018, U.S. Citizenship and Immigration Services (USCIS) published a policy memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States. The policy will go into effect on August 9, 2018. Individuals in F, J, and M status who failed to maintain their status before August 9, 2018, will start accrui
USCIS recently published a notice reminding F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD). Although authorization to engage in OPT ends upon transferring to a different school or changing educational level
On May 25, 2018, the Department of Homeland Security (DHS) announced that an additional 15,000 H-2B temporary nonagricultural worker visas will be available for Fiscal Year (FY) 2018. According to DHS, there are not sufficient, qualified, U.S. workers available to perform temporary non-agriculture labor to satisfy the needs of American businesses in FY18. This allocation is in addition to the 66,000 visas already issued this year.
The H-2B temporary nonagricultural worker p