Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

Update on a Visa Waiver Program

12/22/2017

On December 15, 2017, the USCIS (DHS) announced that it would implement enhanced security measures for the Visa Waiver Program as part of the administration’s ongoing counterterrorism efforts.

The Visa Waiver Program allows certain citizens of 38 countries to travel to the United States for tourism or business purposes for up to 90 days without a visa. Visa Waiver Program countries include many European countries, Australia, New Zealand, South Korea, Singapore, and Japan. To be eligible for the Visa Waiver Program, a foreign national from one of the 38 designated countries must meet the following general requirements:

possess an e-Passport (i.e., an enhanced secure passport with an embedded chip containing the individual’s biographic information);
have applied for and received advance authorization through DHS’s Electronic System for Travel Authorization (ESTA) prior to travel;
have not traveled to or been present in Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited diplomatic or military exceptions); and
not be a dual national of a Visa Waiver Program country and Iran, Iraq, Sudan, or Syria.

The new restrictions on a Visa Waiver Program 12/15/2017: no implementation timeline was announced yet.

(1) Visa Waiver Program countries must begin utilizing U.S. counterterrorism information to screen all travelers entering those countries from elsewhere.

(2) Airports in eligible countries must also utilize the same U.S. data to screen their own employees as a means of safeguarding the United States against threats by foreign airport workers.

(3) DHS will focus on limiting the number of Visa Wavier Program travelers who overstay their maximum-allowed 90-day admission period. DHS will attempt to force countries with overstay rates of 2 percent or greater to conduct public awareness campaigns for their citizens, to educate them not to overstay, not to work without a work authorization, and about the penalties (unable to change status, adjust status, ban on future travel to USA). According to DHS data for FY 2016, only four countries out of 38 Visa Waiver countries currently meet the 2 percent threshold: Hungary, Greece, Portugal, and San Marino.

Updated USCIS and Consular Procedures for Cuba

12/22/2017

On December 22, 2017, USCIS announced that due to staff reductions at the U.S. Embassy in Havana, Cuba, USCIS will temporarily suspend operations at its field office in Havana, effective immediately.

During this time, the USCIS field office in Mexico City, Mexico, will assume Havana, Cuba jurisdiction.

Cuban Family Reunification Parole (CFRP) Program - remains in place, and USCIS is working with the U.S. Department of State to ensure that the CFRP Program continues to operate and will announce arrangements for interview/travel document processing for CFRP beneficiaries soon.

More information is here.

Cuban Medical Professional Parole (CMPP) Following-to-Join Spouse or Child - remains in place (agreement signed by the previous Administration on January 12, 2017), and USCIS is working with the U.S. Department of State to ensure that CMPP following-to-join cases continue for spouses and children to be processed and will announce arrangements for interview/travel document processing soon.

More information is here.

General information about the U.S. Embassy in Havana, Cuba is available on the embassy website. You may also contact the embassy by calling 011(53)(7)839-4100 or by mailing to:
U.S. Embassy Havana, Calzada between L & M, Vedado Havana, Cuba.

For emergency inquiries, you can continue contacting the USCIS Havana Field Office at [email protected]. For any other information on the services we provide, please contact the USCIS field office in Mexico City.

USCIS to Begin Accepting Applications under the International Entrepreneur or Startup Parole Rule

12/15/2017

On December 14, 2017, USCIS published an announcement that they will begin accepting applications under the International Entrepreneur Rule or Startup Parole Rule (which was scheduled to take effect on July 17, 2017, but was postponed by current administration with intent to rescind).

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.

However, a December 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The December 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

The IER or Startup Rule was published in the Federal Register on January 17, 2017 to provide the international entrepreneurs a new avenue to apply for parole, enter the U.S., and establish and grow start-up businesses.

Parole is a discretionary grant made by the DHS and is granted only on a case-by-case basis for urgent humanitarian reasons or significant public benefit. The rule established new criteria to guide the adjudication of parole applications from certain foreign entrepreneurs, providing them with temporary permission to come to the country. The rule did not afford a path to citizenship, which only Congress can do.
On Jan. 25, 2017, President Trump issued Executive Order 13767, Border Security and Immigration Enforcement Improvements, which requires the Secretary of Homeland Security to ensure that parole authority is exercised only on a case-by-case basis, and only when an individual demonstrates urgent humanitarian reasons or a significant public benefit due to the parole.

Guidance on how to submit IER applications is available on USCIS International Entrepreneur Parole page.
Please note: while DHS implements the IER, DHS will also proceed with issuing a notice of proposed rulemaking (NPRM) seeking to remove the Jan. 17, 2017, IER. DHS is in the final stages of drafting the NPRM.

Read full text of the announcement at USCIS website here.

It appears that the USCIS made this announcement after the December 1st 2017 court ruling, however, USCIS plans to issue a new rule which will repeal and rescind the Startup Rule in the near future.

Please read our previous blog posts on this topic here , here, and here.

Holiday Travel Advisory

12/13/2017

Before making international travel plans, foreign nationals (with the exception of Canadians) must have a valid visa in their passports (preferably multiple-entry) to re-enter the United States. People who did not previously obtain a visa in connection with their current nonimmigrant status (had "change of status"), or whose visa has expired, will need to apply for an appropriate visa at the U.S. Consulate in their home country (and may need to submit a visa application and schedule a visa appointment before they depart the USA). The only exception is for visits to Mexico or Canada for less than 30 days under the visa revalidation rule. People traveling internationally must also have a valid and unexpired passport (or other travel document).

U.S. Consulates' visa processing procedures and times vary. Visa applicants should check the website of the Consulate where they plan to apply for their visa to obtain the most accurate information. Due to the increased security and mandatory interviews at most Consulates, visa issuance processing times are unpredictable and could be delayed.

Please visit the U.S. Department of State for information regarding current visa appointment and processing wait times for each Consulate. We recommend a minimum of three to four weeks for the visa process.
Foreign nationals in the United States, who have a pending “change of status” or "extension of status" petition (from one nonimmigrant classification to another, or extension of the status in the same visa category) must remain in the United States until adjudication on their petition is complete. Foreign nationals who travel abroad while an application for change of nonimmigrant status is pending are considered to have abandoned their change of status portion of the petition.

Similarly, a pending advance parole application could be deemed abandoned and denied under recent policy changes. Please keep this in mind because in the past the situation was very different.

Foreign national employees should inform their U.S. employers regarding their plans to travel outside of the United States, and provide their departure and return dates and the countries to which they plan to travel. If possible, employers should provide employees with an employment verification letter that confirms the employee’s continued/current employment based on an approved nonimmigrant visa petition. This letter should be provided before employees depart the United States.

It is important to remember that the I-94 record expiration date governs the foreign national employee’s period of authorized stay in the United States. If an employee’s passport expires before the end date of the work authorization, status may be limited to the expiration date of the passport. If that occurs, the employee will need to renew the passport and travel outside of the country with a valid visa (prior to the expiration date noted on the I-94 record) to obtain a new I-94 record for the full period of stay authorized by the I-797 approval notice. Upon re-entry to the U.S., employees should obtain a copy of their admission record at the U.S. Customs and Border Protection site to ensure the entry information is correct.

Finally, the U.S. Supreme Court has ruled that President's third travel ban, impacting eight countries, is to be fully enforced, effective December 8 2017, while legal challenges in lower courts are pending. While this ban exempts certain individuals, caution should be taken by nationals of the following countries before traveling: Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela.

Travel Ban Guidance From the Dept of State Following Dec 4 2017 US Supreme Court Ruling

12/8/2017

On December 4, 2017, the U.S. Supreme Court granted the government’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in the Districts of Hawaii and Maryland. The preliminary injunctions had prohibited the government from fully enforcing or implementing the entry restrictions of Presidential Proclamation 9645 (P.P.) titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats” to nationals of six countries: Chad, Iran, Libya, Syria, Yemen, and Somalia. Per the Supreme Court’s orders, those restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning December 8 at open of business, local time.

The District Court injunctions did not affect implementation of entry restrictions against nationals from North Korea and Venezuela. Those individuals remain subject to the restrictions and limitations listed in the Presidential Proclamation, which went into effect at 12:01 a.m. eastern time on Wednesday, October 18, 2017, with respect to nationals of those countries.

US Dept of State: travel ban CHART.

.".. We will not cancel previously scheduled visa application appointments. In accordance with the Presidential Proclamation, for nationals of the eight designated countries, a consular officer will make a determination whether an applicant otherwise eligible for a visa is exempt from the Proclamation or, if not, may be eligible for a waiver under the Proclamation and therefore issued a visa.

No visas will be revoked pursuant to the Proclamation. Individuals subject to the Proclamation who possess a valid visa or valid travel document generally will be permitted to travel to the United States, irrespective of when the visa was issued".

Questions and Answers:

Q: I am currently working on my case with NVC. Can I continue?Yes. You should continue to pay fees, complete your Form DS-260 immigrant visa applications, and submit your financial and civil supporting documents to NVC. NVC will continue reviewing cases and scheduling visa interviews overseas. During the interview, a consular officer will carefully review the case to determine whether the applicant is affected by the Proclamation and, if so, whether the case qualifies for an exception or may qualify for a waiver.

Q: What immigrant visa classes are subject to the Proclamation?
All immigrant visa classifications for nationals of Chad, Iran, Libya, North Korea, Syria, Yemen, and Somalia are subject to the Proclamation and restricted. All immigrant visa classifications for nationals of Venezuela are unrestricted. An individual who wishes to apply for an immigrant visa should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for an exception or waiver per the Proclamation. A consular officer will carefully review each case to determine whether the applicant is affected by the Proclamation and, if so, whether the case qualifies for an exception or a waiver.

Q: Are there special rules for permanent residents of Canada?
Waivers may not be granted categorically to any group of nationals of the eight countries who are subject to visa restrictions pursuant to the Proclamation, but waivers may be appropriate in individual circumstances, on a case-by-case basis. The Proclamation lists several circumstances in which case-by-case waivers may be appropriate. That list includes foreign nationals who are Canadian permanent residents who apply for visas at a U.S. consular section in Canada. Canadian permanent residents should bring proof of their status to a consular officer.
A consular officer will carefully review each case to determine whether the applicant is affected by the Proclamation during each phase of the implementation and, if so, whether the applicant qualifies for an exception or a waiver.

Q: I received my Diversity Visa (visa through the annual Green Card Lottery) but I haven’t yet entered the United States. Can I still travel there using my Diversity Visa?
The Proclamation provides specifically that no visas issued before the effective date of the Proclamation will be revoked pursuant to the Proclamation, and it does not apply to nationals of affected countries who have valid visas on the date it becomes effective.

Q: I recently had my Diversity Visa interview at a U.S. embassy or consulate overseas, but my case is still being considered. What will happen now?
If your visa application was refused under Section 221(g) pending updated supporting documents or administrative processing, please provide the requested information. The U.S. embassy or consulate where you were interviewed will contact you with more information.

Q: Will my case move to the back of the line for an appointment?
No. KCC schedules appointments by Lottery Rank Number. When KCC is able to schedule your visa interview, you will receive an appointment before cases with higher Lottery Rank Numbers.

Q: I am currently working on my case with KCC. Can I continue?
Yes. You should continue to complete your Form DS-260 immigrant visa application. KCC will continue reviewing cases and can qualify your case for an appointment. You will be notified about the scheduling of a visa interview.

Q: What if my spouse or child is a national of one of the countries listed, but I am not?
KCC will continue to schedule new DV interview appointments for nationals of the affected countries. A national of any of those countries applying as a principal or derivative DV applicant should disclose during the visa interview any information that might qualify the individual for a waiver/exception. Note that DV 2018 visas, including derivative visas, can only be issued during the program year, which ends September 30, 2018, and only if visa numbers remain available. There is no guarantee a visa will be available in the future for your derivative spouse or child.

Q: What if I am a dual national or permanent resident of Canada?
This Proclamation does not restrict the travel of dual nationals, so long as they are traveling on the passport of a non-designated country. You may apply for a DV using the passport of a non-designated country even if you selected the nationality of a designated country when you entered the lottery. Also, permanent residents of Canada applying for DVs in Montreal may be eligible for a waiver per the Proclamation, but will be considered on a case-by-case basis. If you believe one of these exceptions, or a waiver included in the Proclamation, applies to you and your otherwise current DV case has not been scheduled for interview, contact the U.S. embassy or consulate where your interview will take place/KCC at [email protected].

Employment-based Adjustment of Status Interviews Update

12/7/2017

On August 28, 2017, USCIS had announced a new policy (effective date 10/02/2017) requiring all adjustment of status applicants seeking employment-based green cards to appear for an interview at a USCIS field office. The adjustment of status application is the final step in the green card process for foreign non-immigrant employees looking to move to permanent resident status.

Prior to this change, which went into effect on October 2, 2017, USCIS required interviews in only 5 to 10 percent of all employment-based adjustment cases.

The new policy applies to all Form I-485 adjustment of status applications filed on or after March 6, 2017, where the underlying immigrant petition is an employment-based Form I-140 (EB-1, EB-2, and EB-3). The USCIS has indicated that adjustment cases filed prior to March 6, 2017, will be adjudicated in accordance with previous procedures.

Because thousands of extra interviews will be conducted annually, there will be additional delays in the processing of these employment-based adjustment applications. USCIS has estimated that these applications will ultimately account for approximately 17 percent of the USCIS’s entire field operations workload. As a result, the change will impact the processing times for all other types of USCIS filings, such as family-based adjustment applications and naturalization cases.

What Should the Applicant Expect at the Interview? (based on the stats for October-November 2017)
The applicant could be asked about almost anything.

Any information provided on the Form I-485 (review the copy of the form I-485, and be prepared to answer questions).
Issues relating to the applicant’s eligibility or admissibility, such as any arrests or misrepresentations made to an immigration officer (talk to your attorney if you ever had a DUI, arrests, domestic violence protection order filed against you, charges that were later dismissed, convictions, lied on the application, worked without authorization, etc).
The applicant’s entire immigration history, particularly whether the applicant has properly maintained his non-immigrant status (if you worked without authorization while in a student status, etc)
Family members applying as derivative to the employment-based principal applicant should anticipate questions about their relationship to the principal and the bona fides of that relationship (similar to a family-based green card interview).

If the field officer conducting the interview is not satisfied with an applicant’s answers and believes that an applicant is not eligible for adjustment, the Form I-485 can be denied, or a RFE (request for evidence) could be sent, or NOID (notice of intent to deny) could be issued.

Will the Field Officer Re-Adjudicate the Form I-140? USCIS has said that the interviewing field officers have been instructed not to re-adjudicate the underlying Form I-140. However, the agency has also made clear that the officers will be charged with assessing the validity of the documents used to approve the Form I-140 petition to ensure that the supporting evidence was accurate and credible. If the officer determines that that evidence is not credible, he can recommend that the Form I-140 be revoked by the service center that originally issued the approval (officer can send I-140 for revocation back to USCIS Service Center which originally approved the petition).

It is important that the applicant understands the basis for the Form I-140 petition and be prepared to articulate at the interview how his employment qualified for approval. The applicant should review the Form I-140 petition and any underlying PERM application in advance and address any tricky issues with the employer or counsel. The applicant will almost certainly be questioned about the job for which he was sponsored as well as about his own educational background and work experience. This new requirement could present a challenge because I-140 is an employer's petition, and applicants don't usually have an access to the form I-140, PERM, etc.

An attorney can prepare the applicant on what to expect during the interview, and coordinate with the employer and the applicant to make sure that the applicant takes the appropriate documentation to the interview, knows what I-140 and PERM was about, has a copy of his I-485 form, has clean criminal record and no status violations, etc. The adjustment of status interview notices that are currently being sent to applicants are generic and confusing because they include a list of the documents that do not even apply in employment-based cases.

Beware of Common Immigration Scams

12/7/2017

Form I-9 Scams.

USCIS had recently warned about a new scam, targeting employers. Employers received scam emails requesting Form I-9 information that appear to come from USCIS.

Please note that employers are not required to submit Forms I-9 to USCIS. Employers must have a Form I-9, Employment Eligibility Verification, for every person on their payroll who is required to complete Form I-9. All of these forms must be retained for a certain period of time. Visit I-9 Central to learn more about retention, storage and inspections for Form I-9.

These scam emails come from a fraudulent email address: [email protected]. This is not a USCIS email address. The body of the email may contain USCIS and Office of the Inspector General labels, your address and a fraudulent download button that links to a non-government web address (uscis-online.org). Do not respond to these emails or click the links in them.

If you believe that you received a scam email requesting Form I-9 information from USCIS, report it to the Federal Trade Commission.

If you are not sure if it is a scam, forward the suspicious email to the USCIS webmaster. USCIS will review the emails received and share with law enforcement agencies as appropriate.

Payments by Phone or Email

USCIS will never ask you to transfer money to an individual. They do not accept Western Union or PayPal as payment for immigration fees. In addition, USCIS will never ask you to pay fees to a person on the phone or by email. You can pay some immigration fees online only if you use myUSCIS.
Remember:

When you send your application by mail, pay your immigration fees with a check or money order. Write “Department of Homeland Security” on the “Pay to the Order of” line.
Applying for U.S. citizenship? You can now pay fees for Form N-400, Application for Naturalization, with a credit card. To pay Form N-400 fees with a credit card, you will need G-1450, Authorization for Credit Card Transaction
You can also pay with a credit card in any domestic field office that accepts payments. You can learn more on our Paying Immigration Fees Web page

Winning the Green Card Lottery

The U.S. Department of State (State Department) manages the Diversity Visa Program, also known as the Lottery Visa or Green Card Visa. The State Department will never email you about being selected in the Diversity Immigrant Visa Program.
Go to the State Department’s website to read more about how they notify selectees.

Scam Websites

Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure the website address ends with .gov.

Please remember that USCIS will never ask you to pay to download USCIS forms. USCIS forms are always free on uscis.gov website.

Scams Targeting Foreign Students.

If you are an international student outside of the U.S. and want to come to the U.S. for education, make sure you are applying to an accredited college or university. Look for your school on the Council for Higher Education web page.

You must have a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to travel. After you are accepted into a Student and Exchange Visitor Program (SEVP)-certified school, a designated school official will either give you:

Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status –For Academic and Language Students, or
Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status –For Vocational Students

Schools that are not accredited cannot sponsor you for an F-1 student visa.
Additional information on the Form I-20 is available on DHS’ website studyinthestates.dhs.gov or on our website on the Students and Employment page.

“Notarios Públicos” Scam

In many Latin American countries, the term “notario publico” (which is Spanish for “notary public”) means something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special "extra" legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. A notario publico is not an attorney, and is not authorized to provide you with any legal services related to immigration. Some attorneys might be notaries, but not all notaries are attorneys. Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice.

Read more here.

Travel Ban or Muslim Ban 3 Goes Into Effect While Appeals Are Pending

12/5/2017

On Monday, December 4, 2017, the U.S. Supreme Court issued two orders staying lower courts’ (Maryland & Hawaii) preliminary injunctions of President's September 24, 2017 presidential proclamation or 3rd travel ban.

Accordingly, President's most recent travel ban, so-called Muslim Ban 3, will go into effect while the appeals are pending. The U.S. Supreme Court encouraged the appeals courts to quickly decide whether the most recent travel ban was lawful.

The September 24, 2017, Presidential Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats indefinitely blocks the entry for certain individuals from eight countries: Iran, Iraq, Libya, Chad, North Korea, Syria, Somalia, Venezuela and Yemen.

Travel Restriction for Nationals of Eight Countries – Chad, Iran, Libya, North Korea, Somalia, Venezuela, Syria, and Yemen

General Rules:

Only applies to individuals who are (i) outside of the U.S. on the day the travel ban goes into effect, and (ii) who do not have a valid visa on the day travel ban goes into effect, and (iii) who have not obtained a waiver under Section 3(c) of the Proclamation
Does not apply to:
- Lawful permanent residents (green card holders);
- Individuals admitted or paroled into the U.S. on or after the effective date;
- Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date;
- Dual-nationals traveling on a passport from a non-designated country;
- Individuals granted asylum;
- Refugees already admitted to the U.S.; or
- Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture

Previously-Impacted Countries – Restrictions Effective Immediately:

Iran
- Effective immediately, immigrant and nonimmigrant entry are suspended for Iranian nationals except for those with F, J, or M visas.
- Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
Libya
- Effective immediately, immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended except those with a bona fide relationship to the U.S.
Somalia
- Effective immediately, immigrant visas are suspended for Somali nationals
- Non-immigrant visas are permitted, subjected to heightened screening.
- The bona fide relationship exemption ends October 18, 2017.
Syria
- Effective immediately, immigrant and nonimmigrant entry is suspended for Syrian nationals
Sudan
- Sudan was removed from the list of restricted countries in MB-4.
- Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
Yemen
- Effective immediately, all immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended,

Newly Impacted Countries (Added):

Chad
- All immigrant visas and with nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S.
North Korea
- All immigrant and nonimmigrant visa holders are suspended from entering the U.S.
Venezuela
- The entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
- Per Section 3(b)(v) of MB-4, certain Venezuelans traveling on diplomatic visas are not affected by this order.

Waivers:

If you are from one of the countries covered by the travel ban and do not yet have a valid U.S. visa, you cannot obtain a visa at this time unless you qualify for a waiver. Consular officers may, on a case-by-case and discretionary basis, grant a waiver to affected individuals for certain reasons. To obtain a waiver and a visa, the person seeking admission must prove:

denying entry to the U.S. would cause the foreign national undue hardship;
admission would not pose a threat to the national security or public safety of the United States;
entry would be in the U.S. national interest.

Travel Risks for People from Affected Countries with Valid Visas:

If you are from one of the impacted countries and hold a valid visa, you may be able to apply for admission to the United States. The newest travel ban states that no visas will be automatically revoked and that those with a valid visa are not covered by the travel ban. However, travel outside the United States at this time carries risk.

Federal judge rejected delay of foreign entrepreneur or startup parole rule

12/2/2017

On Friday, December 1, 2017, a federal judge in the District of Columbia ordered the Department of Homeland Security (DHS) to rescind its delay of a rule that allows some foreign entrepreneurs to stay in the United States to grow their companies.

Judge ruled in favor of a lawsuit filed by a U.S. venture capitalist group in September challenging a delay by DHS of the International Entrepreneur Rule.

The Startup Parole or International Entrepreneur Rule, passed by the administration of President Barack Obama in January 2017, would allow some foreign startup founders to stay in the United States for up to five years to develop their businesses.

Instead, in July 2017, just before the rule should have become effective, current White House administration delayed the implementation to March 2018, and even said it was “highly likely” to rescind the rule.

Judge agreed that the government’s actions violated the Administrative Procedure Act, which requires advance notice of new rules.

Read new here.

Information about Start-up rule on our Blog is here and July delay is here.