Immigrantly

Immigration thoughts from an Immigration Lawyer.


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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: 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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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


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Pros and Cons of Employment Authorization for H4

On February 24, 2015, USCIS announced that it will grant employment authorization (EAD) to certain H4 holders, whose number is estimated to be as high as 179,600 people in the first year. USCIS will start accepting applications starting May 26, 2015. On February 26, USCIS hosted a teleconference, clarifying some of the rules and procedures of EAD application. Continue reading