- The applicant must have established a U.S. start-up business within three years before the application for parole;
- The applicant must hold an ownership interest in the startup of at least 15 percent;
- The applicant must play an active and central role in the operations of the business, and not merely be an investor; and
- The start-up must have received a capital investment of at least $345,000 from qualified U.S. investors or at least $100,000 in grants or awards from qualifying U.S. federal, state or local government entities. Foreign nationals who only partially satisfy the funding criteria would need to provide additional compelling evidence of the start-up's substantial potential for rapid growth and job creation.
- Atlanta, Chicago, Hartford, San Francisco, United States;
- Berne and Geneva, Switzerland;
- Berlin, Germany
- London, England;
- Santiago, Chile;
- Shanghai, China;
- Quito, Ecuador.
Dominican Republic - Ministry of Foreign Affairs Suspends the Issuance of All Visas Until Further Notice
As a general rule, any person who is not a U.S. citizen or non-citizen U.S. national is subject to immigration review each time the person seeks admission to the United States from any place outside the United States. Even if you have already been admitted as a permanent resident (you have a green card) you are subject to review by an immigration official. If, during such review, you are determined to be inadmissible (even though you may have been admissible previously), you may be denied admission.
If you are seeking admission or parole at a port of entry you generally must have in your possession a valid and unexpired travel document (e.g. a green card, U.S. visa, an advance parole document) to present to the officer at the port of entry.
Depending on your immigration status or if you have an application for an immigration benefit pending, different types of travel documents may be required if you (including permanent residents) wish to return to the United States lawfully after travel abroad. These documents should be applied for, in certain cases, prior to your departure from the United States. Please see the "Travel Documents" page for more information on the types of travel documents.
Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.
If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired.
For the reasons stated above, it is important that you obtain the proper documentation before leaving the United States. Also, you should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, you are still subject to immigration inspection or examination at a port of entry to determine whether you are admissible into the country and whether you are eligible for the immigration status sought.
Asylum applicants, asylees, refugees, and lawful permanent residents who obtained such status based on their asylum or refugee status are also subject to special rules with regard to traveling outside the United States. Additional information regarding traveling outside the United States as well as the consequences that could result if an asylum applicant, an asylee, a refugee, or a lawful permanent resident who obtained such status based on his or her asylum or refugee status returns to his or her country of claimed persecution may be found in the Fact Sheet entitled "Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status."
If you depart the United States after accruing certain periods of unlawful presence in the United States (time spent in the United States illegally) you may be barred from admission for either three years or ten years, depending on the amount of unlawful presence an individual has accrued. Any departure from the United States may trigger this ground of inadmissibility, even if you have obtained an advance parole document.
If you have accrued more than 180 days, but less than 1 year, of unlawful presence and who voluntarily depart the United States before the start of removal proceedings are inadmissible if you seek admission within 3 years of the date of their departure. If you have accrued 1 year or more of unlawful presence and you depart the United States, whether or not removal proceedings have started, you are inadmissible if you seek admission within 10 years of the date of departure.
Criteria for Expedited Processing of an Application
- USCIS will expedite an application, including an application for a travel document, Form I-131, in certain situations, which may include:
- Severe financial loss to company or person;
- Emergency situations;
- Humanitarian reasons;
- Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
- Department of Defense or National Interest Situation (Note: The request must come from an official U.S. Government entity and state that delay will be detrimental to the Government.);
- USCIS error; or
- Compelling interest of USCIS.
- A completed and signed Form I-131, Application for Travel Document
- The correct I-131 filing fee
- Evidence to support the emergency request (e.g. medical documentation, death certificate)
- Two passport-style photos.
You may submit an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283, or by submitting a written request and supporting documentation with your application.
Emergency Advance Parole Documents
If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:
To apply for an emergency travel document, you must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees. See the application for specific filing instructions.
Where to file
Where to file the Form I-131 depends on the benefit sought. See the form instruction page for details. Your local office may accept an emergency advance parole application if you are experiencing an extremely urgent situation. Business trips, weddings, holiday parties, and other planned events would usually not be considered an emergency situation. If you are filing Form I-131 for an emergency travel document at your local office based on an extremely urgent situation, you are encouraged to make an Infopass appointment first. "Make an Appointment (Infopass)."
Where to file
You must apply for the travel document before leaving the United States. Generally, an applicant for a travel document must also complete biometrics capture at an Application Support Center (ASC) prior to departure from the United States. Failure to do so may cause the applicant to lose permission to reenter the country and lead to the denial of any other applications pending.
- Copy of the foreign national's passport bio page and all pages with visa stamps;
- Invitation letter addressed to the appropriate Nicaraguan consulate for the foreign national's residence;
- National-level police clearance from the country or countries of residence covering the past three years;
- Copy of the national ID (cédula) of the host company's legal representative; and
- A guarantee deposit equal to the return airfare to the foreign national's country of residence.
- If an individual is inviting the foreign national: Inviting individual's salary certificate and pay stubs from the Social Security office, and a copy of his or her cédula.
- If dependents will accompany the foreign national, legalized originals of their vital records (birth and/or marriage certificates) must also be presented.
Canada - Latest Express Entry Draw Remains Low, but With Higher Qualifying Score than Previous Draws
- IRCC will issue 750 invitations to those who have submitted an Expression of Interest to apply for permanent residence.
- The minimum qualifying score for this draw is 538, a substantial increase from the last draw's qualifying score of 490.
Malaysia - Tougher Requirements Take Effect September 1 for Employment Pass Applications Submitted to Malaysia Digital Economy Corporation (MDEC)
- Employees with EPs in Category III - which are those EPs held by individuals whose monthly salary is between RM 2,500 and 4,999.99 - who are seeking to change employers;
- Employees with EPs in Category III seeking their fourth EP, either as a renewal or who are changing positions;
- Employees seeking to convert a Social Visit (Temporary Employment) Pass to an EP, whether in Categories I, II or III; or
- Employees seeking to convert a Professional Visit Pass (PVP) with the duration of 12 months to an EP, whether in Categories I, II or III.
- Children of EP holders who are 18 years old or older will require an original letter from both a Commissioner for Oaths and the child's home-country embassy in Malaysia that confirms his or her eligibility for LTSVP status, that is to say that he or she is unmarried, unemployed and under the custodial care of the principal EP holder.
- The common law wife of an EP holder will require an original confirmation letter from her home-country embassy in Malaysia as proof of their common law relationship.
Justice Department Proposes to Expand Employer Liability for Immigration-Related Discrimination Claims
The rule would give the Justice Department up to five years from the time of an alleged violation to bring a complaint or conduct an investigation. Currently, it is limited to 180 or 210 days to bring a complaint or investigate one. The agency would have the authority to waive the 180-day time limit for an individual employee to file a discrimination charge against an employer. Furthermore, the proposed rule would give expanded investigative powers to the agency, both in terms of what information it could access and from whom it could obtain information.
Employers would be liable for discrimination if they treat employees differently based on immigration status, regardless of their reasons for the different treatment, and even where the employer does not take adverse action against those employees - provisions that appear inconsistent with federal employment discrimination statutes.
This alert is for informational purposes only.
- Apply at the U.S. consulate in Kolkata. The U.S. consulate in Kolkata currently has a wait time of 13 days for employment-based nonimmigrant visa appointments, but that period is likely to increase as foreign nationals with an imminent need to travel book appointments there. If you are seeking an H-1B, individual L-1 or other employment-based nonimmigrant visa, you may be able to get an appointment in Kolkata, but you must act quickly because appointment slots are likely to be filled soon. This option is not available to principal applicants for blanket L-1 visas in India, which are under the sole jurisdiction of the U.S. consulate in Chennai. However, blanket L-2 dependents applying separately from the principal nonimmigrant may apply in Kolkata.
- Apply at a U.S. consulate outside India as a third-country national (TCN). You and your dependents may be able to secure a TCN visa appointment at a consulate outside India. This may be the only option for blanket L-1 visa applicants with a need to travel to the United States soon. However, there are additional travel costs associated with this option, and you may also need to apply for a foreign visa to the third country.
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