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Author: gipadmin

Global Immigration Partners > Articles posted by gipadmin (Page 3)

DHS Proposes New Rule for Entrepreneurs

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States. Read the advance version of the notice of proposed rulemaking: International Entrepreneur Rule. Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. To submit comments, follow the instructions in the notice. “America’s economy has long benefitted from the contributions of immigrant entrepreneurs,...

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Asylum

Every year, individuals seek protection in the U.S. due to the conditions of their country of citizenship. Asylum is a legal status provided by the U.S government to individuals who have left their country of citizenship, entered the U.S., and are unable or unwilling to return to their country of citizenship due to fear for their safety. However, in order to obtain asylum benefits, there are certain requirements, some of which are difficult to overcome. In order to be eligible for asylum, you must be located in the U.S. (you can file for refugee status if you are outside of the...

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24 month STEM OPT Extension

Students with STEM designated degrees are now eligible to apply for 24-month STEM OPT extensions.  In order to qualify,  the student must have been granted initial OPT and in a current valid period of OPT, earned a bachelor’s, master’s or doctoral degree from an accredited institution, and the student’s proposed STEM OPT job opportunity must be directly related to the student’s STEM degree. As part of the extension process, the F-1 student must provide their Designated School Official (DSO) with a completed and signed Form I-983.  Subsequently, the DSO will issue the student an updated I-20 recommending the student for the...

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Retention & Abandonment Of Lawful Permanent Residency

When a person is admitted to the United States as a lawful permanent resident (“LPR” status), he or she does not receive an absolute grant of residence for the rest of his or her life. Rather, the grant is conditional and depends upon certain conditions remaining unchanged. For example, if an LPR commits a very serious crime, the LPR can be removed from the United States. The more common reason for loss of LPR status, however, is abandonment of LPR status. When a person is given LPR status, they are expected to make their actual home in the United States. If...

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When do I need to amend my H-1b?

James K. Gotcher – Partner jkg@gip-us.com The regulations state that an H-1B amendment is required to reflect any material changes in the terms and conditions of employment or training or the alien’s eligibility as specified in the original approved petition. An amended or new H-1C, H-1B, H-2A, or H-2B petition must be accompanied by a current or new Department of Labor determination. In the case of an H-1B petition, this requirement includes a new labor condition application. (Amended 6/11/01; 66 FR 31107 )  So what constitutes a material change? Change in Worksite:  About a year ago, the USCIS issued a policy memo that offered guidance...

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