USCIS Policy Memo on Accrual of Unlawful Presence and F, J and M Nonimmigrants

On May 11, 2018, United States Citizenship and Immigration Service (USCIS) posted a draft policy memorandum announcing a change in policy regarding the accrual of Unlawful Presence by Nonimmigrant Students and Exchange Visitors.

The policy seeks to change how USCIS will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status (including F-2, J-2, or M-2 dependents) who fail to maintain their status in the United States.

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D&S Update: Delay of Effective Date of Final Rule on Parole for Start-Up Entrepreneurs

The Department of Homeland Security (DHS) has issued an update to the Federal Register postponing the effective date of the Final Rule on Parole for Start-Up Entrepreneurs until March 14, 2018.

Prior to the postponement, the rule was set to become effective next week, on July 17, 2017. Once effective, the rule would permit DHS to grant parole to qualified foreign entrepreneurs on a case-by-case basis where the entrepreneur can demonstrate, substantial and demonstrated potential for rapid business growth and job creation and that they would provide a significant public benefit to the United States.

According to DHS, this delay will provide an opportunity to obtain comments from the public regarding a proposal to rescind the rule pursuant to the Trump Administration's January 25, 2017 Executive Order, ‘‘Border Security and Immigration Enforcement". 

Comments are due by August 10, 2017. 

D&S Immigration Update: DHS Issues Implementing Memoranda In Response to Immigration Executive Orders

In late January 2017, President Donald J. Trump issued a series of Executive Orders (EOs) dealing with immigration and border security.  In response to these EOs, this week, the Department of Homeland Security (DHS) has issued several Implementation Memoranda and Fact Sheets to provide additional clarity on how they will implement the President’s directives.

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