Standards Broadened for Green Cards Based on National Interest Waivers

In late December, a precedent-setting case, Matter of Dhanasar, revised the analytical framework for assessing eligibility for national interest waivers (NIW) and presumably making NIWs more broadly available to foreign nationals who are pursuing endeavors that would benefit the United States, including entrepreneurs and individuals who are self-employed. The NIW is
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Parole a Possibility for New Entrepreneurs

On January 17, 2017, DHS published a final rule that encourages entrepreneurship and investment to stimulate our economy by granting parole status to foreign nationals who establish start-up companies in the U.S. The rule is slated to go into effect on July 17. A new form is being created, and the
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Getting Stopped or Picked Up by ICE: Know Your Rights

As noted above, President Trump’s EO “Enhancing Public Safety in the Interior of the United States” effectively ended the priority system put in place by President Obama, which classified targets for removal based upon the seriousness of their crimes. Under the old system, by using prosecutorial discretion, foreign nationals who had
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Moving Through Customs

In this new period of extreme heightened security, travelers entering the United States can expect increased scrutiny by immigration inspectors.  Even before the new EOs heightened scrutiny at the borders, Customs and Border Patrol (CBP) officers had begun asking ESTA travelers for social media account information upon entry — the theory
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Important Considerations for Employers

When the travel ban was signed, foreign nationals were not the only ones placed in a precarious position. Employers who have foreign nationals affected by the ban were affected as well. When faced with these realities, efforts to continue “business as usual” by reassigning work or passing over an otherwise qualified
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