DHS Announces Continuation of International Entrepreneur Program
In another turnaround by the U.S. Citizenship and Immigration Services (USCIS), it was announced on May 10, 2021, that the Department of Homeland Security (DHS) is withdrawing a 2018 proposed rule that would have removed the International Entrepreneur parole program from DHS regulations. USCIS said the program, first introduced in 2017, “will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States.”
Under the program, parole may be granted for up to three entrepreneurs per start-up entity, as well as their spouses and children. Entrepreneurs granted parole are eligible to work only for their start-up business. Their spouses may apply for employment authorization in the United States, but their children are not eligible for such authorization based on the program. An applicant must file Form I-941, Application for Entrepreneur Parole, with the required fees (including biometric) and supporting documentary evidence. The fees are $1,200 for filing the
I-941 and $85 for biometrics. Additional forms and fees are required for spouses and children.
Details: USCIS/DHS announcement, May 10, 2021, https://www.uscis.gov/news/news-releases/dhs-announces-continuation-of-international-entrepreneur-parole-program
USCIS Temporarily Suspends Biometrics Requirement for Certain Nonimmigrants Changing or Extending Status
Making the process more streamlined again, effective today, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. USCIS will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. This suspension will apply through May 17, 2023, subject to affirmative extension or revocation of the suspension period by the USCIS director, the agency said.
This temporary suspension will apply to applicants filing Form I-539 requesting:
- Extension of stay in or change of status to H-4, L-2, or E-1 nonimmigrant status;
- Extension of stay in or change of status to E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor)); or
- Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).
This suspension will apply only to the above categories of Form I-539 applications that are either:
- Pending as of May 17, 2021, and have not yet received a biometric services appointment notice; or
- New applications postmarked or submitted electronically on or after May 17, 2021.
USCIS noted that it retains discretion on a case-by-case basis to require biometrics for applicants who meet the criteria above, and any applicant may be scheduled for an Application Support Center (ASC) appointment to submit biometrics.
Form I-539 applicants who have already received a biometric services appointment notice should still attend their scheduled appointment, USCIS said.
Effective May 17, 2021, Form I-539 applicants meeting the criteria above are not required to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee. USCIS will allow a short grace period during which USCIS will not reject Form I-539 filed with the biometric services fee. USCIS will begin rejecting paper Form I-539 applications postmarked May 27, 2021, or later (while this suspension of the biometrics requirement is in effect), if applicants meeting the above criteria submit a single payment covering both the filing fee and the $85 biometrics services fee. If USCIS rejects the paper application because the applicant included the $85 biometrics service fee after the grace period, the applicant will need to re-file Form I-539 without the biometric services fee.
Details: Proposed rule, withdrawal (prepublication copy), https://bit.ly/3vVsD4D
USCIS Allows Rescheduling of Biometric Appointments by Phone
Hurray! U.S. Citizenship and Immigration Services (USCIS) announced on May 11, 2021, that applicants, petitioners, requestors, and beneficiaries may now call the USCIS Contact Center (800-375-5283) to reschedule their biometric services appointments scheduled at a USCIS Application Support Center. Previously, applicants had to submit requests in writing to reschedule their biometrics appointments.
USCIS said that applicants must establish “good cause” for rescheduling and must call before the date and time of their original appointment to reschedule. If an applicant fails to call before the scheduled appointment or to establish good cause, “USCIS may consider the application, petition, or request abandoned and, as a result, it may be denied.”
Details: “Rescheduling Biometric Services Appointments by Phone,” USCIS, May 11, 2021, https://www.uscis.gov/news/alerts/rescheduling-biometric-services-appointments-by-phone
CBP Announces Policy Change on National Interest Exceptions at Port of Atlanta
Due to a “recent necessary policy change,” effective May 14, 2021, U.S. Customs and Border Protection (CBP) at the Port of Atlanta will consider processing § 212(f) national interest exception (NIE) waiver requests only for “urgent humanitarian reasons or those involving national security and/or law enforcement matters.” All other requests, including any requests currently pending with CBP Atlanta, “will need to be processed by the U.S. Embassy or Consulate,” CBP said.
On April 26, 2021, the Secretary of State made a national interest determination regarding categories of travelers to be excepted from Presidential Proclamations (PPs) 9984, 9992, and 10143 related to the spread of COVID-19. As a result of this determination, together with national interest determinations already in place, travelers subject to these proclamations, due to their presence in China, Iran, Brazil, South Africa, the Schengen area, the United Kingdom, and Ireland, who are seeking to provide vital support for critical infrastructure; journalists; and students and certain academics covered by exchange visitor programs, among others, may now qualify for a National Interest Exception (NIE).
Details: “National Interest Exceptions for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland,” Dept. of State, May13, 2021, https://bit.ly/3bsOWqW
