Dear Clients and Colleagues,

We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:

Updates on International Entrepreneur Parole Rule

Effective October 1, 2024, USCIS will increase the investment and revenue thresholds under the International Entrepreneur Rule, as required every three years. Notably, the application fee will remain unchanged.

Background:

The International Entrepreneur Rule, published in 2017, provides a framework for the Department of Homeland Security to use its parole authority to grant a period of authorized stay, on a case-by-case basis, to noncitizen entrepreneurs who demonstrate significant public benefit through their startup entity's potential for rapid growth and job creation. If granted parole, the entrepreneur is authorized to work for their startup entity, and their spouse, if also granted parole, can apply for employment authorization to work in the United States.

The final rule stipulates that USCIS must adjust the investment and revenue thresholds in 8 CFR 212.19 for inflation every three years. The next automatic adjustment is set to take effect on October 1, 2024.

Key Changes:

The following dollar figure adjustments will be made as required by regulation:

Initial Application Requirements:

• Entrepreneurs must demonstrate the startup entity's substantial potential for rapid growth and job creation by showing at least $311,071 (up from $264,147) in qualified investments from qualifying investors or at least $124,429 (up from $105,659) in qualified government awards or grants.
• If only partially meeting these thresholds, entrepreneurs can provide alternative reliable and compelling evidence of the startup entity's potential for rapid growth and job creation.

Re-parole Application Requirements:

• Entrepreneurs must demonstrate that the startup entity has received a qualified investment, qualified government grants or awards, or a combination of such funding, totaling at least $622,142 (up from $528,293)
• The startup entity must have created at least five qualified jobs.
• The startup entity must have reached annual revenue in the United States of at least $622,142 (up from $528,293) and averaged at least 20% in annual revenue growth.

Qualified Investor Requirements:

• Investors must have a history of substantial investment in successful startup entities. An individual or organization is considered a qualified investor if, during the preceding five years.
• They made investments in startup entities totaling at least $746,571 (up from $633,952), in exchange for equity, convertible debt, or other securities commonly used in financing transactions within the startup entities' respective industries.
• After such investment, at least two of these startup entities each created at least five qualified jobs or generated at least $622,142 (up from $528,293) in revenue with average annualized revenue growth of at least 20%.

DHS will publish the adjusted dollar amounts in a final rule on July 25, 2024. The final rule will be effective on October 1, 2024. Again, the application fee will not change at this time.

Conclusion:

These adjustments aim to ensure that the International Entrepreneur Rule remains aligned with economic conditions and continues to foster innovation and job creation in the United States. Entrepreneurs looking to take advantage of this program should review these new requirements and prepare their applications accordingly. For more detailed information, refer to the USCIS website and the Federal Register publication.

DHS Updates STEM Designated Degree Program List with One New Entry

The Department of Homeland Security (DHS) has added an additional field to the list of academic degrees eligible for the F-1 STEM Optional Practical Training (OPT) program. The STEM OPT program, which allows F-1 students with a qualifying STEM degree to hold OPT work authorization for up to 36 months, will be expanded to include the following field and Classification of Instructional Programs (CIP) code effective July 23:

• Environmental/Natural Resource Economics (CIP 03.0204)

This update aims to provide more opportunities for international students in emerging and important fields related to environmental and resource management.

DHS Announces Extension and Redesignation of Somalia for TPS; Extends Relaxed Employment Options for Certain Somalian F-1 Nonimmigrants

Secretary of Homeland Security Alejandro N. Mayorkas has extended and redesignated Somalia for Temporary Protected Status (TPS) for 18 months, from September 18, 2024, through March 17, 2026. According to an advance copy of a Federal Register notice, current Somalian TPS beneficiaries will have 60 days, from July 22, 2024, through September 20, 2024, to file for TPS and for related employment authorization documents (EADs) and travel permission. New, eligible TPS applicants may register under the redesignation from July 22, 2024, through March 17, 2026. DHS and the Department of State have deemed the TPS extension and redesignation warranted due to the extraordinary and temporary humanitarian crisis conditions in Somalia.

Relatedly, DHS is also suspending certain employment authorization rules for Somalians in F-1 status who are experiencing severe economic hardship due to the ongoing crisis in the country. An advance copy of the Federal Register notice implementing that change is also available.

These updates reflect the DHS's ongoing efforts to support international students and individuals affected by humanitarian crises, providing them with the necessary flexibility and opportunities to continue their studies and work in the United States.

Immigrant Visa Options for Nurses: A Comprehensive Guide

Nursing remains a critical field in the U.S. healthcare system, and the demand for qualified nurses continues to grow. For foreign nurses seeking to work in the United States, there are several immigration pathways available. This article explores two primary options: the Schedule A I-140 Immigrant Petition and the H-1B Visa, along with the requirements for passing licensing exams.

Schedule A I-140 Immigrant Petition:

1. Overview:

• The Schedule A I-140 is a streamlined process for certain employment-based immigrant visas. Nurses, among other health professionals, fall under the Schedule A designation, which allows them to bypass the lengthy Labor Certification process.

2. Eligibility Criteria:

• Job Offer: The nurse must have a full-time, permanent job offer from a U.S. employer.
• Licensing: The nurse must hold a valid and unrestricted nursing license from the state where they intend to work or have passed the National Council Licensure Examination (NCLEX-RN)
• VisaScreen Certificate: Nurses must obtain a VisaScreen Certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or another approved credentialing organization. This certificate verifies the nurse's education, licensure, and English language proficiency.

3. Process:

• Filing the I-140 Petition: The U.S. employer files the Form I-140, Immigrant Petition for Alien Worker, under the Schedule A, Group I category.
• Adjustment of Status or Consular Processing: Once the I-140 is approved, the nurse can either adjust status if they are already in the U.S. or go through consular processing if they are abroad.

H-1B Visa for Nurses:

1. Overview:

• The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. For nurses, obtaining an H-1B visa can be challenging due to the specific educational and specialty occupation requirements. Nurses can obtain an H-1B visa only for managerial positions, not for standard nursing roles.

2. Eligibility Criteria:

• Job Requirement: The position must be a specialty occupation, typically requiring at least a bachelor's degree or higher in nursing.
• Education: The nurse must hold at least a bachelor's degree in nursing or an equivalent foreign degree.
• State Licensing: The nurse must be licensed in the state where they intend to work.

3. Process:

• Employer Sponsorship: The U.S. employer files a Labor Condition Application (LCA) with the Department of Labor (DOL).
• Filing the H-1B Petition: The employer then files the Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS).
• CAP Considerations: The H-1B visa is subject to an annual cap, so timing and preparation are crucial.

Passing Licensing Exams:

1. NCLEX-RN Exam:

• Passing the NCLEX-RN (National Council Licensure Examination for Registered Nurses) is a critical step for nurses aiming to work in the U.S. The NCLEX-RN is designed to test the knowledge, skills, and abilities essential for safe and effective nursing practice at the entry-level.

2. English Language Proficiency:

• For most visa categories, nurses must demonstrate English language proficiency. This can be done through exams such as the TOEFL (Test of English as a Foreign Language) or IELTS (International English Language Testing System).

3. Credential Evaluation:

• Foreign-trained nurses must have their credentials evaluated to ensure they meet U.S. standards. This evaluation is typically conducted by organizations like CGFNS.

Conclusion:

For foreign nurses, navigating the U.S. immigration system can be complex, but understanding the available visa options and requirements can make the process smoother. The Schedule A I-140 Immigrant Petition offers a more direct path to permanent residency, while the H-1B visa provides a temporary employment solution. Passing licensing exams like the NCLEX-RN and demonstrating English proficiency are crucial steps in this journey. With careful planning and preparation, foreign nurses can successfully transition to a rewarding career in the U.S. healthcare system.

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.

Sincerely,

Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.