Immigration and Firm News

The Trump Administration has been very, very busy addressing business immigration in the last year. Three overriding themes are: 1) a slowdown in processing times in most categories and 2) increased Requests for Evidence (RFEs) in just about every immigration category and 3) a tightening of definitions by adjudication or policy memo.  Receiving an RFE doesn't necessarily mean a case will be denied, but there are more denials out there. Despite all the talk about needing "merit based" … [Read more...]

I am pleased to report that I was quoted in Bloomberg Law, Daily Labor Report in an article about the new USCIS final rule on Entrepreneur Parole that was issued on January 17, 2017.  The rule goes into effect July 17, 2017 assuming the new Administration decides to keep the regulation.  The article in full is here. … [Read more...]

I am pleased to announce my participation in the newly released virtual round table,  Immigration Law - the Americas 2016 produced by Corporate Live Wire.  (The previous link may require a login that is free.) This is the second time I have participated in these round tables.  The round table involves a number of immigration lawyers from different jurisdictions discussing Q&As about immigration trends in the US and the Americas such as: Impact of globalization on immigration … [Read more...]

On August 31, USCIS will announce a forthcoming proposed regulation at 8 CFR 212.19 creating a new benefit called “International Entrepreneur” or “significant public benefit parole for entrepreneurs.” I am really excited about this proposal in part because in my many years of immigration practice, this is the first new major business immigration benefit in ages, maybe decades. There are a lot of immigrant entrepreneurs who fall between the cracks of our existing business immigration categories … [Read more...]

I am pleased and honored to announce that I will be speaking at the national Annual American Immigration Lawyers Association Conference next week in Las Vegas. This conference regularly attracts thousands of immigration practitioners from around the country. I will be joining two colleagues, Robert Divine and David Grunblatt, on a panel about "Complex Visa Issues for Entrepreneurs."  We will discuss attempts by USCIS to (supposedly) enhance opportunities for entrepreneurs within the confines of … [Read more...]

On July 10, 2015 American Immigration Lawyers Association (AILA) submitted its comments to USCIS on the proposed "Significant Public Benefit" Parole for Entrepreneurs program that I wrote about in a previous blog post, USCIS Holds Entrepreneur Parole Listening Session. As a recap, USCIS is looking at extending its already existing parole authority at 8 CFR 212.5 to certain entrepreneurs that do not fit easily into existing visa options in order to attract or retain start ups, and research and … [Read more...]

Today, USCIS held a teleconference “listening session” with stakeholders in order to get feedback and ideas about how to implement President Obama’s proposed "significant benefit" entrepreneur parole program. USCIS officials merely listened to ideas and gave very few comments except to clarify the points they were most interested in learning about. Anyone can submit suggestions or ideas to They are particularly interested in feedback about minimum investment … [Read more...]

A new book out by Thomas K. McCraw, professor emeritus at Harvard Business School, called "The Founders and Finance: How Hamilton, Gallatin, and Other Immigrants Forged a New Economy" looks at the history of immigrants to the US and their innovations. In a New York Times op-ed by Professor McCraw, Innovative Immigrants, he discusses how immigrant entrepreneurs have fostered economic prosperity since the country was founded and why our immigration laws should be reformed to accommodate the … [Read more...]

USCIS Director Alejandro Mayorkas announced in October 2011 a new "Entrepreneurs in Residence" program to promote job growth by improving existing employment based immigration categories that expand opportunities for job creation. However, we haven't heard any more about this program until today when USCIS posted a job announcement for the tactical team entrepreneurs in residence. Except for a minor attempt to deal with per country caps, and a flawed Start-Up Visa Act that has gone nowhere … [Read more...]