The Grady Firm Will be Meeting with Clients and Local Business Owners in Berlin and Munich in June

Berlin

Berlin, Germany

The Grady Firm,P.C. will be meeting with German clients abroad in June as a way to share accurate information about the realities of doing business in the United States and will provide tips for applying for a visa or Green Card during the current political climate.  As a truly cross-border firm, The Grady Firm’s global expansion and relocation Department advises foreign entrepreneurs on the best practices to establish a new business in the United States and transfer their employees to US offices. The Firm also assists German citizens with their citizenship retention application to retain German citizenship before they acquire US citizenship (“Beibehaltungsgenehmigung).  In line with these professional services,  Jennifer Grady, Esq. will be meeting with clients in Berlin from June 20-22, and Munich from June 28 to 28, 2018.

Munich

Munich, Germany

Click here to schedule a complimentary 15-minute consultation with Jennifer while she is in Germany, call +1 (323) 450-9010; or fill out a Contact Request Form. Continue reading

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DHS Proposes Removal of the Entrepreneur Parole Rule- Comment period ends June 28

international-movers-and-packersAccording to a post on the uscis.gov website dated May 25, 2018, the Department of Homeland Security (DHS) proposes an end the International Entrepreneur Rule (IE Final Rule), 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.  After review of all DHS parole programs in accordance with an Executive Order (E.O.) titled, “Border Security and Immigration Enforcement Improvements,” issued on January 25, 2017, the DHS is proposing to end the IE parole program, and remove or revise the related regulations, because it alleges that this program is not the appropriate vehicle for attracting and retaining international entrepreneurs, and does not adequately protect U.S. investors and U.S. workers employed by or seeking employment with the start-up.  Interested parties will have until June 28 to make their opinions heard by DHS.

Backstory

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. However, in December 2017, a federal court vacated the delay rule, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE Final Rule.
However, DHS is now proposing to eliminate the IE Final Rule because the department believes that it represents an overly broad interpretation of parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining international entrepreneurs.

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Update on the Travel Ban and DACA

Travel Ban

travel-ban May 2018On April 25th, 2018 the Supreme Court heard oral arguments from both sides on President Trump’s highly scrutinized “travel ban”. The travel ban, now in its third iteration, prohibits entry of travelers from five Muslim-majority countries (Iran, Syria, Yemen, Somalia, and Libya), as well as North Korea and government officials from Venezuela. Although previous versions of the travel ban were initially partially blocked by U.S. District Courts in Hawaii and Maryland, the Supreme Court lifted such injunctions in December 2017.

Since Trump first issued his travel order, setting off widespread chaos at airports just a few days after his inauguration, the issue has strongly shaped public perceptions of the new administration. It has also led to a string of defeats in lower courts, where judges ruled that the measure exceeded Trump’s authority and, in some cases, said it reflected bias against Muslims.

 

However, the Supreme Court of the United States has provided a friendlier forum, on this topic. The justices issued a ruling in June 2017 that allowed the second version of the travel ban to take partial effect. Then, in December 2017, with only two dissenting votes, they set aside lower-court rulings to allow the administration to put the third version into practice, a strong indicator of where the majority was headed.

Justice Samuel A. Alito rejected the notion Trump’s order could be considered a “Muslim ban,” noting it does not apply to most of the largest Muslim nations.

“If you look at what was done, it does not look like a Muslim ban,” he said.

Justice Neil Gorsuch, Trump’s appointee, questioned whether the challengers had standing to sue in the first place. Foreigners overseas do not have rights in U.S. courts, he said. Plaintiffs who live in Hawaii sued, contending the travel ban was illegal, but “third parties can’t vindicate the rights of aliens,” Gorsuch said.

Chief Justice John G. Roberts Jr. and Justice Anthony M. Kennedy portrayed the issue before the court as one of national security in which the chief executive, not the judicial branch, should be entrusted to weigh possible threats from foreign visitors.

 

A final decision by the Court is expected at the end of June. Meanwhile, the current version of the travel ban remains in effect during deliberation. Continue reading

USCIS Reaches FY 2019 H-1B Cap in Just Four Days

enter-usa-h1b-visaWASHINGTON, D.C. – On April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally-mandated 65,000 visa H-1B cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the “Master’s cap.”

USCIS began accepting applications on Monday, April 2, and reached its cap within just four days.  It will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

As of May 15, USCIS completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in its computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned.
Based on last year’s applications, receipt notices were sent out around May for cases that were accepted in the lottery, and applications that did not pass the lottery were returned (along with the original application and filing fees), by July.
Additionally, USCIS may transfer some Form I-129 H-1B cap subject petitions between the Vermont Service Center and the California Service Center to balance the distribution of cap cases. If your case is transferred, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally-mandated FY 2019 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

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Jennifer Grady, Esq. to Speak on Immigration Tips for Investors at SelectUSA Canada in Calgary

Calgary

Calgary, Canada

On April 12, 2018, Jennifer A. Grady, Esq. will speak to a group of over 100 Canadian business owners at SelectUSA Canada, which will take place this year in Calgary.  Her topic, “Moving people across the border: Immigration considerations for investors“, will provide an overview of considerations and options for moving key personnel to the United States.  She will be joined as a panelist by executives from the U.S. Consulate in Calgary, and Custom and Border Protection (CBP).

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Ms. Grady speaking to international entrepreneurs at SelectUSA in Washington, D.C.

This will be Ms. Grady’s third time as a SelectUSA speaker–for the past two years, she was a panelist on hot topics in immigration and employment law at the flagship SelectUSA summit in Washington, D.C., which was attended by President Obama and John Kerry in 2016, and U.S. Secretary of Commerce Wilbur Ross in 2017. Continue reading

Exciting News for Foreign Entrepreneurs: The International Entrepreneur Rule Is Back!

international-movers-and-packersGreat news for foreign  entrepreneurs looking for a way to pursue startup opportunities in the United States! A Federal Judge has blocked an effort by the Trump Administration to delay implementation of the International Entrepreneur Rule (IER), also known as the Entrepreneur Parole Rule, an Obama-era program that would give international entrepreneurs the opportunity to come to the United States to develop and operate start-up businesses.  Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018.  This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, on December 1, Judge James Boasberg of the U.S. District Court for the District of Columbia ordered the Department of Homeland Security (DHS) to begin accepting applications for the program in his decision in National Venture Capital Association v. Duke. Prior to Judge Boasberg’s decision, DHS attempted to delay implementation of the rule by postponing its implementation until March of 2018 so it could gather public comments on a proposal to rescind the rule altogether.

The main issue that led to Judge Boasberg’s decision arose when DHS delayed implementation of the rule without first holding a public notice and comment period on whether to institute the delay. According to the plaintiffs who filed the suit, including the National Venture Capital Association and other plaintiffs representing foreign entrepreneurs, DHS violated administrative procedures by delaying implementation of the rule, six days before it was to go into effect, without first soliciting public comment on whether to implement the delay. Continue reading

Immigration As Usual? Moving Forward in Times of Uncertainty

by Anthony Mance, Esq. and Jennifer Grady, Esq.

Recent announcements by the Trump Administration declaring enhanced vetting of current immigration cases; talks in Congress about major proposed changes to the immigration laws; and constant media discourse regarding the future of DACA, the Travel Ban, employment-based visas, and increased waiting times, may have the effect of chilling immigration applications.  However, with the right information, and a plan that takes these changes into account, it is still possible to submit a successful immigration application.  We discuss the latest updates, and our recommended responses, below.

I. “Enhanced Vetting”

TRUMPOne of the major elements of President Trump’s Presidential Campaign was the promise that he would take a hard line on immigration.  Since he has become President of the United States, this promise has materialized into a policy that enforces existing immigration laws by applying stricter review of immigration applications. Commonly referred to as “enhanced” or “extreme” vetting, the practice requires that the United States Citizenship and Immigration Services (USCIS) spend more time reviewing immigration applications, conducting additional background security checks, adding in-person interviews. Continue reading

The Grady Firm, P.C. Adds Global Expansion and Relocation Advising Department to Support Multi-National Corporations

globeIn response to multi-national corporations’ growing need to move personnel across borders, The Grady Firm has emerged as an outsourced Global Mobility Department that provides expansion and relocation services to innovative companies.  The Grady Firm helps companies relocate their employees from abroad to the United States, while assisting companies with their expansion to several countries around the world.

 

Domestically, The Grady Firm provides to companies seeking to bring employees to the United States, and/or open a U.S. subsidiary:

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  1. Immigration Strategy and Analysis for companies seeking long-term and short-term solutions.  We develop a plan to assist owners, employees, and their dependents with visa, Green Card, and Citizenship applications;
  2. Employment law counseling and support for Human Resources Departments, including assistance with hiring, disciplining, and terminating employees; creating and monitoring E-Verify accounts; I-9 compliance; medical leave advising; on-site sexual harassment training in English and Spanish; on-site company investigations; and ongoing counsel for employment law concerns as companies grow and expand;
  3. Drafting contracts, such as employment agreements, severance agreements, independent contractor agreements, and client services agreements;
  4. Corporate advising and creation of US subsidiaries;
  5. Facilitate preparation of a comprehensive tax strategy for the company and its employees by working closely with our network of licensed tax advisors; and
  6. Provide referrals to our network of CPAs; real estate brokers; and payroll, insurance, employee benefits, recruiting, marketing, and credit card processing companies.

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The Grady Firm joins MAPLE Canadian-US Business Council Delegation to Toronto; Partners with Canadian Immigration Firm to Offer Cross-Border Services

maple-jg-with-sign-e1507223473277.jpgOn September 21-22, 2017, Jennifer Grady, Esq. participated in a delegation of the MAPLE® Canadian-U.S. Business Council of Southern California on a cross-border networking event in Toronto, Ontario.  The delegation visited nine leading innovation, enterprise, and government organizations and hosted a sold-out cross-border networking reception to connect with Toronto-area business leaders.  A panel presentation called “Doing Business with Southern California” featured speakers from Economic Development & Tourism, Business and International Development at Greater Irvine Chamber in Orange County, and the World Trade Center Los Angeles.

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Outside MaRS Discovery District

The following organizations provided the delegation with insight into their work and shared opportunities for cross-border collaboration:

  • EY Canada
  • JLabs Toronto
  • MaRS Discovery District
  • Royal Bank of Canada
  • Ryerson University Digital Media Zone
  • Toronto Board of Trade
  • Toronto Global
  • Toronto Rehabilitation Institute
  • U.S. Department of Commerce

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What You Really Need to Know About the Rescission of DACA

DACA.jpg

On September 5, 2017, Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (DACA) program is being rescinded.  The Department of Homeland Security personnel will take all appropriate actions to execute a wind-down of the program, consistent with the parameters established in Tuesday’s Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA) (hereinafter, “Memo”).

On September 6, 2017, fifteen states and the District of Columbia filed a suit in the United States District Court for the Eastern District of New York seeking to stop the rescission.  During his candidacy for president, Donald Trump said that he intended to end DACA on “day one” of his presidency.

What Is DACA?

On June 15, 2012, under the Obama Administration, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. Continue reading

Governor Brown Signs 40 New Bills into Law

Governor brown signs lawsCalifornia Governor Jerry Brown signed forty new bills into law on Friday, September 1, 2017.  The theme of many of these new laws is to “enhance public safety.”

Among the 40 pieces of legislation that Jerry Brown approved was a bill aimed at protecting undocumented immigrants who assist law enforcement in solving a crime. AB 493 prohibits police from detaining or turning over an individual who is a crime victim or witness “exclusively for any actual or suspected immigration violation.”

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USCIS Will Now Require Interviews for Adjustment of Status to Permanent Residency Applications (I-485)

According to the USCIS website:

uscisWASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.

Effective Oct. 1, USCIS will begin to phase-in interviews for the following:

Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).

Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.

attorney client“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”

Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States.  USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.

Additionally, individuals can report allegations of immigration fraud or abuse by completing ICE’s HSI Tip Form.

How Will This Affect Your Application?

This means that if you filed an application for a Green Card (Adjustment of Status with an I-1485 form) or for asylum, you may now have to attend an in-person interview. This may delay current applications, but the length of the delay remains to be seen.  We will know more after this policy goes into effect on October 1, 2017.

If you have any questions about your Green Card application, or would like to adjust your status to that of Permanent Resident, schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (323) 450-9010; or fill out a Contact Request Form.

About The Grady Firm, P.C.

JGrady Firm-Logo-2016The Grady Firm, P.C. is dedicated to providing exceptional legal counsel to entrepreneurs and their families at all stages of the business life cycle. We deliver superior customer service and holistic strategies tailored to each client’s background and goals.  As a truly global practice, The Grady Firm attorneys provide the business, immigration, employment, intellectual property, and cultural counseling that U.S. and foreign entrepreneurs need to be successful in a new market. Our tech-savvy, multi-lingual attorneys are fluent in Spanish, Italian, German, and Farsi.  They are licensed in California, and can practice immigration and intellectual property in all 50 U.S. states.  With offices in Beverly Hills and San Diego, California, the firm serves clients from around the world.

*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.

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H-2B Visas for Temporary Non-Agricultural Jobs at Hotels, Ski Resorts, Landscaping Companies, and Entertainment Companies

ski instructorThe H-2B program permits United States employers and agents to bring foreign nationals to the United States for the purposes of filling temporary, non-agricultural jobs.  An H-2B visa is generally used for non-specialty employees who will fulfill a temporary, seasonal, peak-time, or one time employment position.  The H-2B classification is commonly used by employers such as hotel resorts, ski resorts, landscaping companies, and entertainment companies that have a regular, temporary need for trained, unskilled labor.

The H-2B application process involves multiple steps and two separate government organizations: United States Citizenship and Immigration Services (USCIS) and the Department of Labor. Continue reading

USCIS Releases New I-9 Form to Be Used by September 2017

i-9USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17, 2017. Download instructions are available on the Form I-9 page. Employers can use this revised version, or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17, 2017. However, on Sept. 18, employers must begin using the revised form with a revision date of 07/17/17 N. Employers must continue following existing storage and retention rules for any previously completed Form I-9.

Revisions to the Form I-9 instructions:

  • USCIS changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, “Immigrant and Employee Rights Section.”
  • USCIS removed “the end of” from the phrase “the first day of employment.”

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Visa Options for Fashion Models (O-1B, H-1B3, and P-3 Visas)

NYFW 2Do you dream of walking down the runway at New York Fashion Week?  Are you interested in becoming a brand ambassador for a prestigious luxury brand?  Whether you’ve mastered the catwalk or discovered your niche in commercial modelling, several visa options are available depending on your level of achievement and reason for coming to the U.S.

Fashion models typically enter the U.S. in one of two ways— the O-1B visa (for Individuals with Extraordinary Ability or Achievement) or the H-1B visa (for Specialty Occupations, Department of Defense Cooperative Research and Development Project Workers, and Fashion Models).  The majority of fashion models will apply for the H-1B3 Fashion Model visa, while a third option for models is the P-3 visa (for Artists and Entertainers who are Participating in a Culturally Unique Program).

H-1B3 Visa for Fashion Models

Melbourne-Model-Casting-Call-3-EditTo qualify for the H-1B3 Fashion Model visa, you must be a fashion model of “prominence” and the model must possess distinguished merit or ability. Continue reading