Immigrantly

Immigration thoughts from an Immigration Lawyer.


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The International Entrepreneur Rule May Be Rescinded: Submit your comments soon!

The so-called “Startup Visa” has been proposed and debated for years, and finally in January 2017, the closest version to the Startup Visa, the International Entrepreneur Rule was made into the law. It was supposed to take effect on July 17, 2017, but now the government decided to postpone the effective date until March 14, 2018, and is calling for “comments from the public regarding a proposal to rescind the rule.” We only have 30 days to submit our comments on this rule, which ends on August 10, 2017, so let’s submit our voices soon! Continue reading


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New Immigration Status for Entrepreneurs at a Start-up Company

On January 17, 2017, the Department of Homeland Security published International Entrepreneur Rule which is the closest to the “Startup Visa” that was proposed years ago. This new rule will allow entrepreneurs at a start-up company to stay and work in the U.S. for up to 5 years. This new rule takes effect on July 17, 2017.  Continue reading


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New Rule for High Skilled Worker

On November 18, 2016, the USCIS announced its Final Rule for the proposed rule announced almost a year ago, affecting certain employment-based immigrants and high skilled non-immigrant workers. This Final Rule will become effective on January 17, 2017. For most parts, the new rules are beneficial for those affected. The followings are some of the highlights of the new rules.  Continue reading


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Visa Revocation due to DUI Arrest

In recent months, there have been numerous reports about visa holders’ visas been revoked by a U.S. embassy or consulate after the visa holder was arrested for Driving Under the Influence (DUI) in the United States. This is a new trend, and you will be subject to revocation even if you were not convicted for the DUI. So, all visa holders, be aware and be careful!  Continue reading


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New Rule: OPT Extension for STEM Students (Summary of Requirements)

On 03/11/2016, the Department of Homeland Security (DHS) published a new rule for OPT extension for STEM students. The biggest benefit for F1 students is the increased length of OPT extension from 17 months to 24 months. Now the STEM students can be employed for 3 years after graduation. However, the new rule also adds new requirements and creates burdens on F1 students and employers by, for example, requiring a formal training plans. The following is the summary of extension application requirements under the new rule.  Continue reading


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Proposed New Rule for High Skilled Worker

[Update]: The Final Rule of this proposed rule was announced on November 18, 2016. For details, please see “New Rule for High Skilled Worker“.

On the last day of 2015, the USCIS announced a “Proposed Rule Affecting Certain Employment-Based Immigrant and Nonimmigrant Visa Programs” and asked for public comments. These rules, if become law, will greatly benefit the high skilled non-immigrant workers as well as those applying for green card. The followings are some of the highlights of the proposed rules.   Continue reading


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Who is responsible for H1B fees and Green Card fees, the employer or the employee?

Most visa categories and green card categories do not have requirements as to who must pay the fees associated with the application. However, H1B and PERM (EB2 and EB3 categories) are the exceptions. Immigration laws require that the employer (sponsor) pays at least a portion of the fees. This not only increases the burden on employers, but also puts burden on potential employees who are desperately trying to get a job offer.  Continue reading


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Potential Benefits of the New Visa Bulletin – Good News for Green Card Applicants!

The Visa Bulletin updated every month by the Department of State is an indication of how much longer a Green Card applicant must wait until he can get his green card. Starting from the October 2015 Visa Bulletin, the structure of the Visa Bulletin has changed in a few ways. These changes are great news for those who have a long waiting period, since they can now file I-485 much earlier, which potentially means that they can get their Employment Authorization Document (work permit) and Advance Parole (travel document) much earlier. The new changes will also enable some applicants to continue to stay and work in the U.S., who would have otherwise had to leave the U.S. and wait in their home countries.  Continue reading