As part of its review of rules promulgated under the Obama administration near the end of his term, the Trump administration has put on hold the final rule regarding allowing start-up Entrepreneurs to temporarily come to the US and start up a company. The final rule was put on hold until March 14, 2018. In the meantime, the Trump administration is soliciting comments on a proposal to revoke the rule.
While the new rule was somewhat limited (it applied to entrepreneurs with a start-up in the US that was less than 3 years old and had received substantial investment from US investors or substantial grants from US government entities AND only provided a parole document as opposed to an actual visa and more standard status), it was an important rule to allow more people to come to the US and start substantial businesses that would help our economy and provide employment to US citizens. There really was no downside the rule considering the amounts of investment required and the documentation needed to show that the company has the potential for rapid business growth and, therefore, the ability to hire substantial US workers.
However, because the new administration ordered USCIS to only use its parole authority in strict humanitarian circumstances, it appears that this new rule will be revoked prior to being implemented. The only possibility for a reprieve would be if there is a change to the executive order regarding the use of parole authority by USCIS.
Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.
Today the Supreme Court agreed to hear an appeal from the US Government arguing that the injunction placed on the Executive Order that banned travel from 6 majority muslim countries was should be lifted. In agreeing to take the case, the Supreme Court also looked at whether the current temporary injunction should stay in effect. The Court determined that the injunction on the travel ban and the refugee ban should stay in effect insofar as it affected people who were similarly situated as the Plaintiff’s in the case – that is to say foreigners with familial or other ties to the US (through organizations or companies). However the Supreme Court lifted the injunction (allowing the travel ban to be put into place) for everyone else, that is to say those with NO such ties to the US. Why did the Court lift the ban in certain cases? Basically, the Court weighted the harm to persons affected by the travel ban and refugee ban with the interests of our Government as described by the current administration. The Court agreed with the lower Courts that the interests of the Plaintiff’s and those similarly situated to the Plaintiff’s, outweighed the interests of the Government. But for those with no ties to the US, the Court found that the interest of our Government outweighed the interests of those individuals.
The June, 2017 Visa Bulletin was released and the biggest change is that both India and China are now backlogged in EB-1 category. Below are all the changes and further information about this new backlog. We are also including updates from Charlie Oppenheim from the Department of State on projected future movements for the various immigrant visa categories.