The Department of Homeland Security (DHS) released an advanced copy of the Final Rule titled “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens” that changes the order in which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and implements an electronic registration process for H-1B cap petitions. The rule will go into effect on April 1, 2019. However, USCIS stated that the registration requirement will be suspended for the fiscal year 2020 cap season to enable the Service to ensure full functionality of the system.Read More
Prior to the postponement, the rule was set to become effective next week, on July 17, 2017. Once effective, the rule would permit DHS to grant parole to qualified foreign entrepreneurs on a case-by-case basis where the entrepreneur can demonstrate, substantial and demonstrated potential for rapid business growth and job creation and that they would provide a significant public benefit to the United States.
According to DHS, this delay will provide an opportunity to obtain comments from the public regarding a proposal to rescind the rule pursuant to the Trump Administration's January 25, 2017 Executive Order, ‘‘Border Security and Immigration Enforcement".
Comments are due by August 10, 2017.
This week the Department of Homeland Security (DHS) published a final regulation providing the Department the discretionary authority to grant parole to entrepreneurs of startup entities in order to increase and enhance entrepreneurship, innovation, and job creation in the United States.
The final rule adds new regulatory provisions which permit DHS to grant parole to qualified foreign entrepreneurs on a case-by-case basis where the entrepreneur can demonstrate, with respect to their startup entity, substantial and demonstrated potential for rapid business growth and job creation and that they would provide a significant public benefit to the United States.Read More