Since 2016, the Department of Homeland Security has established the STEM OPT program, which provides F-1 students in STEM fields with an additional two years of work authorization as they “require practical training in a professional setting to implement their new knowledge.”

Optional Practical Training (OPT) is temporary employment directly linked to the main field of study of an F-1 student. Eligible students may apply for up to 12 months of OPT employment authorization before and/or after completing their academic studies (pre-completion and post-completion, respectively). However, all pre-completion OPT periods will be deducted from the post-completion OPT duration.

Types of OPT

All OPT must be directly related to the student’s major. You may be qualified to participate in OPT in two different ways if you are an F-1 student.

Pre-completion OPT: You are eligible to apply for pre-completion OPT after you have been formally enrolled full-time for one full academic year at a U.S.-approved institution, university, conservatory, or seminary. F-1 students are enrolled in the Student and Exchange Visitor Program (SEVP) by Immigration and Customs Enforcement (ICE).
If you are approved to engage in OPT prior to degree completion, you may work up to 20 hours per week while classes are in session. When school is not in session, you may work full-time.

Post-completion OPT: After completing your studies, you may apply to participate in post-completion OPT. If permitted for post-completion OPT, you must work full-time or part-time (at least 20 hours per week).

Impact of Pre-completion OPT on Post-completion OPT at the Same Education Level

Opting for a Pre-completion OPT will have an effect if you also want to apply for a post-completion opt which should be carefully handled to be able to complete your training without any hindrance.

If you have already obtained 1 year of pre-completion OPT part-time (20 hours per week), the remaining full-time OPT period will be decreased by 6 months or 50% of the previously approved year at the same level of schooling. In this circumstance, you would only be eligible for six months of full-time authorization to work after OPT completion.

If you have already obtained 1 year of full-time (40 hours per week) pre-completion OPT, the remaining time for full-time optional practical training at the same level of study will be decreased by 1 year, or 100% of the previously approved year. In this circumstance, you would not be eligible for any post-completion OPT work authorization.

STEM OPT Extension

If you hold a degree in certain science, technology, engineering, and mathematics (STEM) subjects, you may apply for a 24-month extension of your post-graduation OPT employment permit if you meet the following requirements:

• You Are an F-1 student who earned a STEM degree included on the STEM Designated Degree Program List (PDF);
• You Are employed by an employer who is enrolled in and using E-Verify; and
• You Have received an initial grant of STEM-based post-completion OPT employment authorization.

Court Upholds F-1 OPT Programs

The federal appeals court has maintained the status quo of the F-1 OPT and STEM OPT programs in a recent decision. This is a tremendous relief for many, as the availability of OPT encourages international students to study in the United States.

Chicago Area Immigration Services has been providing immigration services for the last 20 years and we have earned the reputation of being a leading firm in the US known for quality documentation for all immigrant and non-immigrant petitions.

Get in touch with us today to apply for your pre-completion OPT or post-completion OPT. We help in providing documentation assistance to file an OPT program and help you secure your future in the United States. Our team of experts can also assist in exploring more options for staying and working in the United States.

Circumventing the Lottery for Immigrating to the United States

H1B Cap Exemptions for Physicians

A significant proportion of foreign nationals who come to the United States to work as physicians have H1B status. Ordinarily, a foreign citizen must be counted in the H1B cap before obtaining H1B status. This involves participation in the H1B lottery by the applicant. However, there are a few exceptions to this general norm, allowing many physicians to circumvent the lottery.

Physicians May Qualify for General H1B Cap Exemptions

Employers are exempt from the H1B quota if any of the following conditions are met:

• It is a nonprofit, recognized institution of higher learning.
• It is a non-profit organization associated or connected with an eligible institution of higher education.
• It is either a nonprofit or a government-funded research institution.

Additionally, if an H1B beneficiary is hired by a private employer, but employed by an organization exempt from the cap, the petition can be submitted as cap-exempt.

Despite the fact that these restrictions are not created specifically for physicians, teaching hospitals often qualify as cap-exempt employers. Therefore, foreign physicians engaged by these firms may achieve H1B status without entering the lottery system. In general, however, the H1B worker is only exempt from the H1B quota while employed by the same employer.

J-1 Waiver of Home Residency Requirement

The J-1 exchange visitor program is used by many international medical graduates (IMGs) who seek to pursue graduate medical studies in the United States. Those IMGs who enroll in this program are, nevertheless, subject to a Home residency requirement (HRR) of two years. This implies that IMGs must return to their respective home countries for two years after completing their training before applying for H or L visas or permanent residency (i.e. a “green card”). In addition, such individuals are often prohibited from requesting a change of status in the United States. The purpose of this requirement is to encourage certified doctors to return to their native countries and practice medicine there.

Physicians who do not intend to comply with the two-year HRR may be able to get exemptions. Such J-1 doctors are ineligible for the most frequent HRR waiver, which is assessed from the absence of opposition from the home country’s government. Consequently, they often employ a waiver from an interested government agency (IGA), such as the Conrad 30 waiver program.

Most IGA exemptions, including the Conrad 30 program, allow J-1 doctors to acquire HRR waivers if they agree to practice for three years in a medically disadvantaged region of the United States. If the physician secures a waiver to the HRR based on satisfying the three-year service requirement, he or she is permanently exempt from the H1B limit.

In Conclusion

To address the country’s medical requirements, the United States depends on a significant number of trained and experienced doctors. Despite the fact that the H1B quota may still be an obstacle for foreign-born physicians seeking employment in the United States, a significant percentage of physicians find relief by qualifying for an H1B cap exemption. If physicians have concerns about immigration, are encouraged to contact our team of experts who will assist them in filling their visas, explore various methods & options for working in the United States and smoothen their goal of acquiring US citizenship.

Canada as a backdoor to the United States

People who have got permanent residency status in Canada can apply for citizenship after living there for at least three years in the five years before the application. After they become citizens, they can use the TN visa to come to the US if they have a genuine job offer from a US company in one of the approved occupations. The TN visa is valid for three years, and it can be extended. There is no limit on how often it can be renewed.  The process is very easy.

TN visa holders can bring their spouse and children under 21 to the United States as long as the visa is still good. Family members who depend on the applicant can apply for a TD visa. If the application is approved, the dependents will get an I-94 record showing how long they can stay in the U.S., which is usually the same as the TN visa holder.

People with TD visas can’t work in the United States, but they can study at US universities without needing a student visa. The length of stay can be extended if the dependents have a valid passport that lasts longer than the length of their stay, have not broken the rules of their stay in the United States, and have not committed a felony. Start the process of asking for an extension at least 45 days before the I-94 record expires.

Applying for a Green Card While possessing a TN Visa

The TN visa does not allow for more than one entry. That means you should not apply for a green card while you are on this visa. You can still apply for a US green card, though, if you change your visa category to something like H-1 or L-1. There are two kinds of visa categories.

Someone could come to the U.S. on a TN visa and then ask their employer to sponsor them for an H-1 or L-1 visa. Another option is to return back to Canada and apply for a US green card while residing in Canada. Your application will be handled depending on the priority date in that case.

But there is an exception for people who were born in Canada but are American citizens. By showing their family history, they can apply for a green card.

When it comes to green cards, Canadians are treated mostly the same as any other immigrant to the United States. But if they can get some types of temporary visas, such as the TN visa talked about above, it might help them connect with a U.S. company that wants to sponsor them for a green card in the future.

Contact us to apply for a TN Visa and get your case assessed by our team of experts to explore all options!

In addition to Social Security, the SSN is utilized for a variety of other purposes. These include creating a bank account, acquiring credit, receiving government benefits, private insurance, and purchasing a house or a vehicle among others.

Social Security Number: Strategies for Dealing with Delays

The United States issues a Social Security number (SSN) to those who are permitted to work in the country. One of the primary functions of the Social Security number is to act as a tracking number for income tax and associated matters. Generally, the SSN application procedure is simple and easy. However, when it comes to employment authorization by employers and employees, there is the possibility of delay and associated confusion.

Obtaining a Social Security Number

If a foreign person is submitting form I-765, which is used to apply for an employment authorization document (EAD), or form I-485, which is used to apply for an adjustment of status, U.S. Citizenship and Immigration Services (USCIS) allows the applicant to apply for an SSN simultaneously. In most other situations, however, a foreign national must attend in person at the local Social Security Administration (SSA) office and produce two qualifying forms of identification along with proof of work permission, status, and age to apply for an SSN. On the SSA’s website, you may get further information on how and where to apply.

A foreign individual who applies for an immigrant visa at a U.S. consulate overseas may seek an SSN on the visa application. This method, known as enumeration at entry (EAE), may cause delays despite its apparent effectiveness. EAE entails the transmission of information between four federal agencies: the U.S. Department of State (DOS), U.S. Customs and Border Protection (CBP), USCIS, and the Social Security Administration (SSA). If the information does not flow correctly, the Social Security Administration places a hold on the application. This wait cannot be circumvented by filing a fresh SSN application after admission, since that application will likewise be put on hold. Therefore, it is often preferable to apply for the SSN after arriving.

Waiting Period and Verifications

Historically, when a foreign national entered the United States, there was a ten-day wait before the Social Security Administration (SSA) had access to border inspection information. Despite the fact that this should no longer be the case, it may be beneficial to wait for this short window, since the computerized I-94 information may need to be updated.

Before a Social Security number may be awarded, all supporting documentation must be validated via the Systematic Alien Verification for Entitlements (SAVE) system. SAVE is a web-based service managed by the USCIS Verification Division. Foreign people working on blanket L-1 admissions, EADs, and E visas are more likely than others to have issues with SAVE. If a delay arises during the SAVE process, the SSA has the ability to request that USCIS take corrective action.

Work Permitted Prior to Issuance of SSN

Contrary to widespread belief, persons with work authorization may begin working prior to SSN issuance. In reality, both the employer and the foreign national may have to face prosecution if employment is not initiated. For instance, in the H1B scenario, postponing the start of employment might result in the company having to pay back payments and the employee losing their status.

On beginning work without an SSN, the Social Security Administration (SSA), the Internal Revenue Service (IRS), and the Department of Justice (DOJ) all provide identical guidelines. According to the Program Operations Manual System (POMS), which is controlled by the SSA, a dummy number must be used if the SSN is not yet obtained. After the SSN is issued, the employer must submit further documentation to update the employee’s information with the right number.

Annotated and Blank Social Security Cards

Two types of SSN cards exist: blanket authorization and annotated authorization. The information on an annotated authorization card issued by the U.S. Department of Homeland Security (DHS) indicates that it is only acceptable for work purposes . Blanket authorization cards do not have this restriction, and hence foreign nationals are usually not granted these cards.

Upon becoming a U.S. citizen, a foreign person who has been granted an annotated authorization SSN card must amend this document in order to get a blanket authorization card. This modification will simplify the I-9 employment authorization verification procedure. It will assist in updating the government data completely, which might be crucial if an individual needs clearance via the E-Verify system.

Conclusion

Obtaining an SSN is a crucial and essential step for foreign nationals having work authorization. While this procedure goes effortlessly for many, delays and difficulty in acquiring the necessary verifications might cause annoyance to others. It should be kept in mind that an immigrant can and often should start working while the SSN is being processed.

The modern world has become a vast melting pot filled with lively families that transcend a number of borders, which is certainly something to admire and value. However, keeping track of immigration regulations can be challenging. This blog concisely discusses the 4 types of United States immigration statuses.

The United States receives numerous tourists. Many people migrate seeking employment, education, or simply better possibilities. Against this backdrop, America is best recognized as the Land of Opportunity. However, to visit or even reside in the United States, a valid visa or Green card is required. There are a lot of ways to obtain temporary residence and eventually attain permanent residency status.

Citizen

Citizenship is the first type of status, and there are three ways to obtain citizenship. The first is to be born a U.S. citizen (jus soli: any person who is born in the United States gains citizenship at birth) and the second is to have at least one parent with U.S. citizenship (jus sanguinis: If you’re born in another country but one of your parents is a citizen, then you automatically have citizenship in the US). The final option is to complete the naturalization procedure. A person is eligible for citizenship if they have been a permanent, upstanding resident of the United States for at least five years.

Permanent Resident

A permanent resident is not the same as citizenship since, despite having the right to work and reside indefinitely in the United States, permanent residents cannot vote and are susceptible to deportation. Green cards, also known as permanent residency cards, are issued by US Citizenship and Immigration Services. It serves as evidence of their status.

Non-Immigrant

Non-immigrants are persons who are permitted to temporarily remain in the United States. This includes those who travel to the United States for research, tourism, or temporary protection. Frequently, it also involves those seeking a K-1 visa from their partner. If a non-immigrant violates US law or their visa, their status may be changed to that of an undocumented individual.

Undocumented

Undocumented immigration is the only sort of immigration that is illegal by nature. Those who fall into this group are unauthorized to reside in the United States. They have no access to health care in the United States, are not permitted to work legally, and are not issued a driver’s licence. Individuals can become undocumented if they overstay their visa or illegally enter the United States.

The Diversity Visa Program, also known as the DV Lottery, is a program that was mandated by Congress and allows up to 55,000 individuals from countries that have historically been underrepresented in terms of migration to the United States of America to qualify each year for immigrant visas, which are also referred to as Green Cards.

The program is known as the “Green Card Lottery” or the “DV lottery” because the winners are selected through a random drawing from among the 10–12 million persons that enter the lottery each year from all over the world.

The United States of America takes great pride in its status as a nation founded by immigrants. However, people from some countries are migrating to the United States at a rate that is far higher than that of those from other nations. For instance, the number of people immigrating from Mexico, China, and the Philippines alone is significantly more than the total number of people immigrating from the majority of the other nations combined. The laws of the United States regulate immigration from certain parts of the world in order to ensure that the population continues to contain a diverse range of individuals.

Evolution of the DV Program

In the 1940s, the famous immigrant visa was initially established as the “Alien Registration Receipt Card.” The first of these IDs the size of a credit card included green lettering and a greenish photograph. Consequently, the term “Green Card” was coined and rapidly used. In the interim, the Green Card has undergone multiple color changes. In the past, it was even pink, but since 1999 it has been a pale green color. With a Green Card, more than 10 million foreigners currently reside in the United States.

Since 1994, the DV program has been implemented multiple times in February, November, and October. In 2000, the responsible institution changed. The originally designated National Visa Center in Portsmouth had to transfer processing responsibilities to the Kentucky Consular Center, which is now responsible for receiving and evaluating applications.

Earlier, it was still feasible to submit multiple DV lottery applications per person. This resulted in a few individuals applying hundreds of times for a Green Card and better their chance of acquiring one. The results were a completely overburdened institution and distribution inequities, as the influential were able to submit more applications. Since then, each individual is limited to submitting a single application each year and must have faith in Fortuna.

The Diversity Visa (DV) Program is based on sections 201 through 204 of the Immigration and Nationality Act of 1990. Based on a legal formula, the Immigration and Naturalization Service (INS) determines the qualifying nations and application requirements. These regulations usually vary from year to year.

Am I qualified for DV Lottery 2024?

The Diversity Visa Lottery is open for submissions from virtually all eligible individuals. However, there are only two prerequisites that need to be met in order to be eligible for a Green Card in the United States:

• Diverse Country of birth in accordance with current world political map
• education and/or working experiences

How to apply for the DV Lottery?

On the website of the United States Department of State, anyone who meets the requirements can register to take part in the annual Diversity Visa Lottery, which does not cost them anything and is open to anybody who meets those requirements. On the other hand, a significant number of people are unaware of this fact: in each and every lottery, up to forty percent of all applicants are eliminated from consideration due to mistakes they made in their paperwork regarding the deadline or other requirements.

The admission or rejection of applications for the Diversity Visa Lottery is accomplished through a computerised method; however, participants are not informed about the outcome of the lottery. It will not be disclosed to the applicant whether or not their application was successful in being entered into the lottery.

United States Green Card

A United States Green Card grants its holders the legal authorization to reside and maintain employment in the United States forever. In addition to this, you are practically entitled to the same rights as a citizen of the United States.

To participate in the Diversity Visa Lottery, sometimes known as the “green card lottery,” all that’s required is to fill out a short form online, and there is no fee associated with doing so. You have the opportunity to enter the lottery from the beginning of October until the beginning of November each and every year. The winners of the competition have their names chosen at random by a computer, and they and their immediate relatives are awarded green cards.

The U.S. Citizenship and Immigration Services (USCIS) has released a number of new recommendations to attract STEM (Science Technology Engineering Mathematics) professionals to the United States. The papers outline nonimmigrant and immigrant visa alternatives for foreign nationals wishing to work in STEM professions in the United States.

New STEM Guides

1st Publication

The first publication (Options for Noncitizen STEM Professionals to Work in the United States) outlines the most likely nonimmigrant visa categories for STEM employees, such as H1B, O1A, L-1, TN, and F-1 OPT. In addition to providing an overview of each of these areas, the paper addresses other frequently asked questions.

The United States has long been a destination for the world’s greatest talent. Our ability to attract global talent, particularly in the fields of science, technology, engineering, and mathematics (STEM), has resulted in the creation of jobs, new industries, and new opportunities for all Americans.

This online resource gives an overview of temporary and permanent STEM employment pathways for noncitizens in the United States. This guide also outlines some of the most crucial concerns for STEM professionals considering employment in the United States. The subsequent sections elaborate on these paths.

Uscis.gov provides more details on how to apply for temporary and permanent visas, as well as for optional practical training for students. In addition, a general guide to employment in the United States is available at uscis.gov’s Working in the United States section.

2nd Publication

The second guide (Immigrant Pathways for STEM Employment in the United States) has a similar format, but focuses on immigrant visa choices such as EB1, EB1, and EB3. Again, an overview of each category and answers to several frequently asked questions are provided.

Permanent employment opportunities in the United States are made available through immigrant routes. They provide legal permanent residence (the Green Card), which can lead to U.S. citizenship in the future.

The process to become a lawful permanent resident consists of two or three steps, depending on the classification of employment-based immigrant visa sought. The first step for the majority of petitioners (usually employers) filing EB-2 and EB-3 petitions is to file with the Department of Labor an Application for Permanent Employment Certification (ETA Form 9089 (PDF)), also known as a labour certification (DOL). An approved application for permanent labour certification demonstrates:

• The petitioner examined the labour market in the geographic region where the permanent employment offer is located to demonstrate that there are no able, qualified, and available U.S. employees willing to accept the permanent job offer; and

• The beneficiary’s employment will not have a negative impact on the pay and working conditions of similarly employed U.S. workers.

Labour  Certification

The petitioner submits a certified labour certification along with an immigrant visa petition to USCIS after DOL certification. In all cases, the process requires filing an immigrant petition with USCIS and either an adjustment application with USCIS (if you are already in the United States) or an immigrant visa application with the Department of State (DOS) (if you are outside the United States or not pursuing adjustment of status).

A petition for an immigrant visa that has been authorised ensures your priority date, which determines the order of immigrant visa availability. When an immigrant visa is immediately available, you may only submit an adjustment application or visa request through a consulate. If an immigrant visa is immediately available when you or your employer files the petition with USCIS, you may submit your adjustment application simultaneously. You may submit a work authorization application concurrently with your adjustment of status application and while your adjustment of status application is underway.

The availability of an immigrant visa will depend on the employment-based classification being sought (typically, the higher preferences have greater availability) and the immigrant’s country of chargeability (usually the country of birth).

EB-1 immigration visas are typically instantly accessible to any applicant who qualifies, regardless of country of origin. For EB-2 and EB-3 immigrant visas, however, China and India typically have to wait in line.

The Visa Availability and Priority Dates and Consular Processing page on the USCIS website gives information about the DOS Visa Bulletin procedure and explains how the DOS allocates immigrant visas and consular processing in general.

3rd Publication

The third publication discusses both nonimmigrant and immigrant visa possibilities in less detail than the previous two publications. In addition, it has a chart detailing each of the aforementioned nonimmigrant visa categories, as well as a second chart detailing each of the associated immigrant visa categories. The nonimmigrant chart provides the requisite education, experience, or abilities for each nonimmigrant category, as well as if an offer of employment is required and the validity period. The immigrant visa chart details the requisite education, experience, or abilities for each visa category, as well as if a work offer and/or labour certification is necessary.

Nonimmigrant (Temporary) Pathways

Immigrant (Permanent) Pathways

You can consult us to evaluate the best classification for you!

Conclusion

These charts should be a useful resource for international STEM professionals seeking employment possibilities in the United States. It should be noted, however, that the charts do not include every option available to a foreign national STEM worker who wishes to reside and work in the United States. Foreign nationals seeking employment opportunities in the United States are urged to schedule a consultation with our seasoned attorneys!

In general, a foreign national’s stay in H1B status is limited to a maximum of six years. However, the law permits a few exceptions to this restriction. A person may be eligible to extend status in one- or three-year increments beyond the statutory six-year maximum, depending on the circumstances. Understanding when an H1B worker is eligible for these extensions – and the constraints on when such extensions may be granted – can be crucial for a foreign national seeking to work in the United States while requesting to become a lawful permanent resident (i.e., “green card” holder).

H1B Extensions Granted in Annual Increments

The general regulation that permits extensions beyond the six-year maximum in one-year increments requires the initial filing of an employment-based, permanent residence (“green card”) case at least 365 days before to the requested start date of the H1B extension. This means that the first stage of the case must be filed at least 365 days prior to the start date requested in the H1B extension, which demands more time beyond the regular maximum of six years. Typically, the initial step in an employment-based green card case is the PERM labor certification. In circumstances where a labor certification is not required, the I-140 petition is the initial step toward eligibility for these extensions.

H1B Extensions on a Three-Year Basis

The general rule that permits H1B extensions in three-year increments beyond the statutory six-year restriction is quite simple. To qualify, the H1B petitioner must demonstrate that the beneficiary has an approved I-140 petition and that an immigrant visa number is not immediately available per Chart A of the Department of State’s visa bulletin.

Extensions of H1-B Status Are Limited

As stated previously, if a person’s priority date is current, he or she is ineligible for H1B extensions in three-year increments based on authorized I-140 petition. However, the individual may be entitled to renew his or her H1B status in one-year increments.
However, there is a significant restriction on one-year renewals. If an individual’s priority date remained current on Chart A for one continuous year and the H1B worker did not pursue a green card based on an approved I-140 petition (i.e., filed an I-485 adjustment of status application or applied for an immigrant visa) during that one-year period, the individual is typically no longer eligible for one-year extensions.
If the one-year term is interrupted by retrogression, it will begin again when the priority date becomes current on Chart A. In addition, even if the H1B worker fails to apply for a green card during the one continuous year of the priority date being current, the H1B worker may request that U.S. Citizenship and Immigration Services (USCIS) grant a one-year extension based on extenuating circumstances. If the H1B employee has relocated to a different employer than the I-140 petitioner, it may be conceivable to argue that a one-year extension should still be granted.

Conclusion

With the extremely quick progression of employment-based cutoff dates in the visa bulletin over the past two years, this restriction on H1B extensions has become a greater concern, particularly for H1B employees of Indian origin. The restriction on H1B extensions is another reason why it is crucial to design and implement a long-term immigration strategy.

Thus, applying for an H1B extension can be a challenging task if all the details are not kept in mind and may spell disaster for the ones who don’t follow the proper procedure.
We at Chicago Area Immigration Services have acquired the experience and expertise in handling H1B extension cases over the years. Contact us and get your case assessed!

The International Entrepreneur Parole Program

Using the International Entrepreneur Parole Program, foreign nationals can legitimately launch a business in the United States. You can relocate to the US to launch a business if you meet the conditions of the IEP program. The program’s goal is to give the United States “substantial public benefit.”

The IEP program encourages any kind of entrepreneurial company idea, which is just one of its many advantages. If an entrepreneur presents a compelling case to United States Citizenship and Immigration Services, the program can assist them in any industry (USCIS). Since many employment visas have specific industry-related job requirements, the IEP program appeals to many candidates because of its openness to a number of businesses.

As your company expands, the International Entrepreneur Parole program can also be extended. These request specifics will be covered farther down the page, however the application can be used for:

• submitting a first request
• Making a time extension request
• requesting a significant change for your company
• Startup companies that have the potential to have a substantial positive influence on society are given the entrepreneur parole by USCIS.

(USCIS reinstituted the International Entrepreneur Parole program at the beginning of the Biden presidency. The program was initially developed under the Obama administration, but it wasn’t officially started during the Trump administration.)

What Does the Global Entrepreneur Rule Mean?

The Department of Homeland Security (DHS) is able to offer parole for foreign nationals on a case-by-case basis thanks to the International Entrepreneur Rule (IER). The foreign national must demonstrate that their operation and continued presence in the US would “significantly benefit the public” i.e., serve a humanitarian purpose.

The entrepreneur must also demonstrate that they “merit a favourable exercise of discretion,” according to the IER and USCIS.

The IER further states that:

• A person who just works for their company will be granted parole.
• Only three entrepreneurs per new company venture are eligible for the IEP.
• Children and spouses may be qualified for parole.
• If parole is granted, only the spouse—not any children—may apply for a work permit in the United States.

You can start a business in the United States without a visa thanks to the IEP program, which is one of its advantages. However, the program does not allow you to obtain a visa.

Your time in the United States may be extended if you are on entrepreneur parole. The initial parole period for entrepreneurs is 30 months. You can petition to have your parole extended once that period has passed.

Getting a Green Card by Owning a Business

Currently, there is no way to use the International Entrepreneur Parole program to get a visa. If you want to obtain a visa and become a legal permanent resident, you must do so outside of the program.

An entrepreneur visa is not available in the United States. However, you can apply for an employment based visa with us. A green card can be obtained through employment-based visas even though there are restrictions on starting a new business.

Application for an L-1B intracompany transferee visa is one example of this choice. You can start a business with the L1-B visa, but it must be a part of a bigger parent company, brand, affiliate, or subsidiary. You can still apply to work as an employer or an employee, though.

Eligibility for International Entrepreneur Parole

If you are a business owner submitting an application for the IEP programme, you must demonstrate to USCIS that you are qualified for entrepreneurial parole. You are required to

• possess a minimum 10% stake in the startup company
• Participate actively and significantly in the new business
• be submitting an application for a US-based company. five years after submitting your application
• contribute significantly to the success of your company
• Include proof that the startup brings about a considerable value to the public through accredited investors.
• Suitable U.S. investors putting down a minimum of $250,000
• Investing at least $100,000 in grants and/or other qualified government monies by federal, state, or local government bodies

Grants may be awarded for any of the following:

• economic expansion
• Research
• creating jobs
• additional common entrepreneurship activities

Even if you only partially match the qualifications for a financial investor, you can still be qualified for an IEP provided you can demonstrate that your firm has created new jobs and is expanding quickly.

How to Apply for a Parole for International Entrepreneurs

You must complete the following forms and supply supporting documentation to be considered for International Entrepreneur Parole.

• Application for Entrepreneur Parole, Form I-941
• Application for Travel Document Form I-131
• Application for Employment Authorization Form I-765
• Employment Eligibility Verification Form I-9
• Application for Entrepreneur Parole, Form I-941

When applying for parole for the first time, requesting more time, or making changes to your initial application, you must utilize Form I-941.

Initial Request for Entrepreneurial Parole

The following details should be sent to USCIS as proof of your startup:

• Information about a person’s identity
• Evidence demonstrating your participation in the company, your ownership share, and the programme eligibility of the business
• evidence that your company complies with the rules for qualified investors

You have 30 months to expand your business if you are given parole.

Entrepreneurial Parole: Extension

After the initial 30-month period, you can reapply for parole by utilizing Form I-941 for additional 30 months. The International Entrepreneur Parole program may only continue up to five years.

In order to be granted re-parole, you must send USCIS proof of:

• Your company/organization still meets the requirements for startup status.
• You are still eligible to start a business.
• 5% of your company’s ownership has been retained by you.
• Your startup’s initial phase includes:
• at least five qualified positions were created
• has received grants or awards from the government or qualified investors totaling at least $500,000
• has a minimum annual revenue of $500,000.
• 20% annual revenue growth on average
• presents indications of future growth potential

Get in touch with us today.

Working with an immigration lawyer is usually a good option because the International Entrepreneur Parole programme is a relatively new immigrant categorization.

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Since its inception, the EB-5 Visa program has been one of the most dependable means to get permanent residency in the United States. It permits investors and their families to live, work, and study in any U.S. location. The EB-5 program might be the easiest option for well-off individuals to get permanent residence status in the United States.

The EB-5 visa, unlike other immigrant visa alternatives, does not need a US company to act as a sponsor, nor does it require any particular expertise, skills, or experience. Moreover, the EB-5 program is not limited to people of certain treaty states.

Reform and Integrity Act 2022

The long-awaited EB-5 Reform and Integrity Act of 2022 (RIA) was signed into law by President Biden on March 15, 2022, as part of an omnibus budget bill that reauthorized the EB-5 regional center program. The option to “concurrently submit” Forms I-526 E (Immigrant Petition by Standalone investor) and I-485 (Application to Register Permanent Residence or Adjust Status) is one of the most significant changes introduced by RIA. EB-5 Concurrent Filing permits investors in the United States on non-immigrant visas to apply for adjustment of status concurrently with the filing of their I-525 applications.

Foreign nationals temporarily living in the United States may alter their legal status using Form I-485(Application to Register Permanent Residence or Adjust Status). In EB-5 Concurrent Filing, investors are eligible to get permanent residence status. Before this statute, EB-5 investors were required to wait for the approval of their I-526 E applications before changing their status or leaving the country.

Concurrent EB-5 Filing offers investors more possibilities. Investors in the EB-5 program who convert their status from H-1B or E-2 are free to apply for work permission unrestricted by a sponsoring business or investment firm.

Moreover, upon the adjustment of status, EB-5 investors in the United States with F-1 (Student) visas would be able to suspend certain restrictions placed on foreign nationals studying in the United States.

USCIS Releases New Forms for Immigrant Investor Program

USCIS has updated Form I-526, Immigrant Petition by Alien Entrepreneur, to reflect the EB-5 Reform and Integrity Act of 2022, which makes substantial modifications to the filing and qualifying criteria for EB-5 investors. Form I-526, Immigrant Petition by Standalone Investor, has been divided into Form I-526, Immigrant Petition by Regional Center Investor, and Form I-526E, Immigrant Petition by Regional Center Investor.

• Form I-526 will be utilized by independent immigrant investors who are not seeking to pool their investment with other investors seeking EB-5 classification and will closely mirror the previous version of Form I-526.
• The Form I-526E will be used by immigrant investors who want to pool their investment with one or more other investors seeking EB-5 classification under the new regional center scheme.
Form I-526E reflects components of the new regional center program, such as the capacity to integrate Form I-956F (Application for Regional Center Designation) evidence by reference.

Statutorily, a prospective immigrant investor cannot submit Form I-526E until the regional center has filed Form I-956F for the specific investment offering via a connected commercial entity in which the prospective immigrant investor is investing. Once the regional center has received a receipt notification verifying the submission of Form I-956F, investors may then submit Form I-526E based on the receipt notice.
Forms I-526 and I-526E must be filed in accordance with revised program criteria beginning on July 12, 2022. Each submission incurs a $3,675 filing fee.

Filing and Eligibility

Under US Employment-Based Visa programs that enable concurrent filing, petitioners are entitled to apply for travel permits and work authorization.

If their work authorization and travel permits are accepted, petitioners may live, work, and attend school anywhere in the United States. They are eligible for all green card advantages while not owning one.

The eligibility of EB-5 concurrent filing is of interest to the majority of investors. Form I-485 is used to modify the immigration status of qualified foreign nationals who are temporarily authorized to reside in the United States.

Form I-526 E may only be submitted by foreign nationals in the United States on non-resident status who are also applying for adjustment of status. This clause normally applies to H-1B, L-1, and O-1 visa holders in the United States.

EB-5 Concurrent Filing permits investors who are currently in the United States under another visa category to apply for adjustment of status at the same time they file Form I-526 E. This new filing option, introduced in the RIA, permits EB-5 investors to gain permanent residence status while their I-526 E applications are being reviewed.

Hence, for many people, EB-5 Concurrent Filing expedites their ability to live, work, and study in the United States without the limits imposed by other visas. Contact us for further details on filing costs and biometric fees.