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Public Charge Rule Another Change by USCIS.

9/9/2022

Public Charge Rule Another Change by USCIS.

The U.S. Department of Homeland Security (DHS) has announced a final rule on the public charge ground of inadmissibility that will help reduce fear and confusion among immigrants and U.S. citizens and ensure fair and consistent adjudications for those seeking admission at ports of entry or adjustment of status to lawful permanent resident inside the United States.

Background

Since March 9, 2021, DHS has been applying the public charge ground of inadmissibility consistent with the 1999 Interim Field Guidance, the policy that was in place for two decades before the 2019 public charge final rule was implemented. DHS removed references to the 2019 public charge final rule from the Code of Federal Regulations on March 9, 2021, after a federal court order vacating the rule went into effect.

Final Rule Overview

Under the rule, which is effective 105 days after it is published in the Federal Register, a noncitizen would be considered likely at any time to become a public charge if DHS determines that they are likely at any time to become primarily dependent on the government for subsistence. This determination will be based on:

The noncitizen’s “age; health; family status; assets, resources, and financial status; and education and skills,” as required by the INA;
The noncitizen’s filing of Form I-864, Affidavit of Support Under Section 213A of the INA, submitted on a noncitizen’s behalf when one is required; and
The noncitizen’s prior or current receipt of Supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.

Most noncitizens who are eligible for public benefits are not subject to the public charge ground of inadmissibility.

The final rule would generally not affect noncitizens who have already become lawful permanent residents, as they are generally not subject to public charge inadmissibility determinations.
Some categories of noncitizens are exempt from the public charge ground of inadmissibility, including refugees, asylees, noncitizens applying for or re-registering for Temporary Protected Status, TPS, special immigration juveniles, T and U nonimmigrants, and self-petitioners under the Violence Against Women Act, VAWA. The rule includes a list of the categories exempted by Congress from the public charge ground of inadmissibility.

Additional Information

DHS will develop a Policy Manual update to help USCIS officers apply this regulation fairly and consistently and to better inform the public about how the rule will be implemented. DHS will also conduct public outreach and engagements to minimize the risk of confusion or chilling effects among both noncitizens and U.S. citizens.

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USCIS is preparing to rescind the International Entrepreneur Rule

5/12/2018

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The U.S. Department of Homeland Security (DHS) has taken the first step to officially rescind the International Entrepreneur Rule (IER), a program that allows qualifying foreign entrepreneurs an opportunity to stay in the United States while building start-up businesses. The proposed rescission cleared the Office of Information and Regulatory Affairs (OIRA) on May 2, 2018. DHS is expected to publish a formal notice of the rule in the Federal Register in the coming weeks.

The IER was enacted by the Obama administration in an effort to “increase and enhance entrepreneurship, innovation, and job creation in the United States.” The rule gave DHS discretionary authority to allow certain foreign entrepreneurs of start-up businesses with a “demonstrated potential for rapid business growth and job creation,” to enter under a parole status and stay in the United States to oversee and grow their start-up businesses.

However, mere days before the rule’s July 17, 2017, effective date, DHS filed a new rule delaying the implementation of the IER until March 14, 2018. DHS cited President's “Border Security and Immigration Enforcement Improvements” executive order as the reason for the delay. DHS explained that the executive order requires that parole be granted only on a case-by-case basis “when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.”

On December 1, 2017, a federal judge invalidated USCIS's delay, and found that DHS had violated the Administrative Procedure Act by not providing notice or an opportunity for advance public comment on the rule. As a result of this court order, USCIS had to launch the IER and began accepting applications.

In a statement appearing on the USCIS website, DHS makes clear its intention to rescind the IER “because it is not the appropriate vehicle for attracting and retaining international entrepreneurs and does not adequately protect U.S. investors and U.S. workers.” That statement also provides that “while DHS complies with the court order and implements the IER parole program, DHS is also in the final stages of publishing a notice of proposed rulemaking seeking to remove the IER.”

Once the proposed rule is published in the Federal Register, the rule will be opened up to the general public for comment, usually for a period of 30 or 60 days. After the comment period, DHS must resubmit its final rule to OIRA for one last review before the final rule can be published in the Federal Register. This process will likely take several months. At this time IER is still in effect, but is expected to be eliminated soon.

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USCIS Published a Final Rule: International Entrepreneur Rule

1/17/2017

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On January 17, 2017, the U.S. Department of Homeland Security (DHS) published a final rule International Entrepreneur Rule or "Startup Parole" to improve the ability of certain foreign start-up founders to begin growing their companies within the United States.

Under this final rule, DHS may use its "PAROLE" authority to grant a "Startup Parole", or a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation.

The new rule effective date is July 17, 2017, which is 180 days after its publication in the Federal Register.

This final rule adds a new section 8 CFR 212.19 to provide guidance with respect to the use of parole for entrepreneurs of start-up entities based upon significant public benefit.

DHS estimates that 2,940 entrepreneurs will be eligible under this rule annually. Eligible entrepreneurs may be granted a stay of up to 30 months, with the possibility to extend the period by up to 30 additional months if they meet certain criteria, in the discretion of DHS.

Under this final rule, eligibility may be extended to up to three entrepreneurs per start-up entity, as well as spouses and children. Entrepreneurs granted stays will be eligible to work only for their start-up business. Their spouses may apply for work authorization in the United States, but their children will not be eligible.An applicant would need to demonstrate that he or she meets the following criteria to be considered under this rule:

The applicant possesses a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
The applicant has a central and active role in the start-up entity such that the applicant is well-positioned to substantially assist with the growth and success of the business.
The applicant can prove that his or her stay will provide a significant public benefit to the United States based on the applicant’s role as an entrepreneur of the start-up entity by:
- Showing that the start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
- Showing that the start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state or local government entities that regularly provide such awards or grants to start-up entities; or

Showing that they partially meet either or both of the previous two requirements and providing additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.

Briefly in Russian:

Стартап Пароль или Виза на 30 месяцев для предпринимателей в США.
17 января 2017, Иммиграционная служба США (USCIS / DHS) опубликовала новый Закон по поощрению предпринимательства и стартапов в США.

Иностранным бизнесменам и предпринимателям открывающим новый бизнес в США (и членам семей - супругам и детям) будет предоставлятся Пароль (разрешение на въезд и проживание в США сроком на 30 месяцев с продлением, разрешение на работу для предпринимателя и его супруга(-и), но не детей).

Закон вступает в силу 17 июля 2017 года.

Новый статус Пароль для предпринимателей стартапа будут доступен лицам, чьи стартапы были сформированы в течение последних 5 лет, при условии что данный инвестор продолжает играть в нем “центральную и активную роль”.

Одна стартап компания сможет получить пароли не более, чем на 3-х своих иностранных учредителей (плюс члены их семей).

Супруги предпринимателя будут иметь право подать заявление на разрешение на работу, и смогут работать в любом бизнесе или организации, а не только в стартапе. Сам предприниматель имеет право только руководить и работать в своем стартапе. Дети предпринимателя не имеют право на работу, находясь в США по этому паролю.

Госпошлина в USCIS за подачу заявления на такой Пароль составит US$1,200.

Предприниматель должен владеть не менее чем 10% от стартапа, при этом показать, что стартап имеет потенциал для быстрого роста и создания новых рабочих мест. Это показывается:

А) наличием американского инвестора, который инвестировал от US$250,000 в стартап, или
В) получением государственных грантов от US$100,000; или
С) частично # А или # В выше с предоставлением "убедительных доказательств", что стартап обеспечит «значительный положительный эффект для общества" в США.

Предприниматель сможет продлить Пароль по истечении 30 месяцев, если он докажет, что стартап создал как минимум 5 рабочих мест, соответствующим требованиям закона, и его доля в стартапе не упала ниже 5 процентов.

Все детали внизу по линку.

You can read the new rule in the Federal Register or download the PDF file here.

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USCIS Policy Alert: Determining Extreme Hardship for a Waiver

10/25/2016

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U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in the USCIS Policy Manual on determinations of extreme hardship to qualifying relatives as required by certain statutory Extreme Hardship Waiver provisions. USCIS Forms I-601, I-601A.

This final guidance clarifies the adjudication of certain waiver requests that require USCIS to determine claims of extreme hardship to qualifying relatives.

Effective Date: this new Guidance becomes effective December 5, 2016.

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USCIS revised procedures for determining VISA availability for adjustment of status applicants (I-485) in both family-based and employment-based visa categories.

9/9/2015

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On September 09 2015, USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better connect USCIS procedures with the US Department of State (DOS) procedures, which are used for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

What is Changing.

Starting October 1, 2015, you will be able to submit your application for adjustment of status or for an immigrant visa before your priority date is current.

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

Current priority dates for particular visa categories; and
The earliest dates for filing application for adjustment of status (earliest dates when applicants may be able to apply).

See October 2015 Visa Bulletin here. However, the priority dates in the Visa Bulletin can retrogress in November. Consult an attorney about your specific case so you won't miss the opportunity of applying earlier.

When filing an application for adjustment of status, I-485, an applicant can concurrently file an application for a work permit and advance parole. This is great news for many immigrants waiting for many years for their priority dates to become current. However, it's a good idea to consult an immigration attorney before applying.

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

Documentarily qualified visa applicants reported by DOS;
Pending adjustment of status applications reported by USCIS; and
Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin.

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents.

Cuban Assets Control Regulations: Advance Copy OFAC Amendments, as of 01/16/2015.

1/15/2015

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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
[FR Doc. 2015-00632 Filed 01/15/2015 at 8:45 am; Publication Date: 01/16/2015]

The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations to implement policy changes announced by the President on December 17, 2014 to further engage and empower the Cuban people. These amendments facilitate travel to Cuba for authorized purposes, facilitate the provision by travel agents and airlines of authorized travel services and the forwarding by certain entities of authorized remittances, raise the limit on certain categories of remittances to Cuba, allow U.S. financial institutions to open correspondent accounts at Cuban financial institutions to facilitate the processing of authorized transactions, authorize certain transactions with Cuban nationals located outside of Cuba, and allow a number of other activities related to, among other areas, telecommunications, financial services, trade, and shipping. These amendments also implement certain technical and conforming changes.

Read advance copy at: http://www.ofr.gov/OFRUpload/OFRData/2015-00632_PI.pdf

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Public Charge Rule Another Change by USCIS.

USCIS is preparing to rescind the International Entrepreneur Rule

USCIS Published a Final Rule: International Entrepreneur Rule

USCIS Policy Alert: Determining Extreme Hardship for a Waiver

USCIS revised procedures for determining VISA availability for adjustment of status applicants (I-485) in both family-based and employment-based visa categories.

Cuban Assets Control Regulations: Advance Copy OFAC Amendments, as of 01/16/2015.

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