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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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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The Grady Firm, P.C. celebrates its Sixth Anniversary

JGrady Firm-Logo-2016On March 19, 2018, The Grady Firm, P.C. celebrated its sixth anniversary.  Founded in 2012, the firm has evolved from assisting startups in the Silicon Beach area of Los Angeles, to adding immigration, employment, and intellectual property law departments with a network of twelve of-counsel attorneys in offices in Beverly Hills, Irvine, and San Diego, California.  Moreover, the firm partners with attorneys licensed in Texas, Louisiana, Washington, Canada, Italy, and Germany to assist its international clientele with their matters in those jurisdictions.

In addition to assisting individuals, the firm acts as the outside legal counsel for rapidly expanding companies that add employees to its offices across California and the United States by providing on-demand employment and immigration counsel.  For its international clients, the firm is the main point of contact for successful entrepreneurs who bring their ideas and business acumen to the United States.

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The Grady Firm’s Fifth Anniversary party in April 2017

 

The Grady Firm thanks its attorneys, clients, and referral partners for their support and confidence over the years.

 

 

 

 

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What to Do When DHS or ICE Comes Knocking at Your Door

By Anthony Mance, Esq. and Jennifer A. Grady, Esq.

ICE 2The Trump Administration has repeatedly indicated that it will take an aggressive and proactive approach to enforcing immigration laws. While it is not yet clear how and when this will translate into developed policy, it is prudent for employers to be prepared for increased oversight and enforcement. One issue that demands particular attention is how employers should handle on-site visits by Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) agents. These visits can range from basic inspections and audits to large-scale immigration raids and arrests. While such visits can be confusing and intimidating, developing a coherent plan for dealing with immigration visits and effectively communicating that plan to relevant employees will reduce the risk of making costly mistakes.

The following is a brief overview of immigration-related site visits, and what employers can do to properly prepare for, and react to, such visits. Continue reading

USCIS Reaches FY 2018 H-1B Cap In Only 5 Days

Release Date: April 7, 2017

Lottery BallsWASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally-mandated 65,000 visa H-1B cap for fiscal year 2018. 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 3.  It will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap.  However, USCIS suspended premium processing on April 3 for up to six months for all H-1B petitions, including cap-exempt petitions. 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 2018 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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E-1 Visa for Companies Doing More than Half of Their Business in the United States

cargo shipsThe United States is signatory to a number of treaties with other countries, allowing individuals and companies to develop business opportunities in the United States. As a result, “E- Visas” are available to visitors to the US interested in trade and investment.

As discussed in a previous post, E-2 visas are temporary visas based on a reciprocal commercial treaty between the United States and the individual’s country of nationality, where the individual is visiting the US primarily for investment purposes.

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The Grady Firm Celebrates Its Fourth Anniversary

On March 19, 2016, The Grady Firm, P.C. celebrates its four year anniversary.

Ambassador Locke

Ms. Grady with the former ambassador to China at IIUSA EB-5 conference in San Francisco

We would like to thank our clients, colleagues, and referral partners for helping us reach this milestone, and for supporting our success along the way.

Over the past four years, we have grown from helping Startups in Silicon Beach develop ideas into full-fledged businesses, to helping companies across the state with hundreds of employees stay compliant with California labor law to mitigate the effects of costly litigation.

Presenting to Startup Chile

Ms. Grady speaking to entrepreneurs at Startup Chile

Since early 2015, our immigration practice tripled as we expanded our focus across the globe to countries like Canada, Argentina, Chile, Mexico, and the UK through speaking engagements, webinars, and in-person consultations abroad.

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What’s the Difference Between the E-2 and EB-5 Investor Visas?

handshakeFor foreign investors wishing to obtain a visa to live, work, and attend university in the United States with in-state tuition rates, there are two options available through the E-2 and EB-5 investor visa programs.

The E-2 Visa requires less startup capital (around USD $100,000 to $250,000) and is the fastest way to obtain a visa, although it is not a path to Legal Permanent Residency (Green Card). The E-2 is a temporary visa based on a reciprocal commercial treaty between the United States and the individual’s country of nationality.  The visa is only available to treaty countries, for which citizens of China, India, Russia, and Brazil are not eligible.  Its processing times are generally 2 weeks to 90 days. Continue reading