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Monthly U.S. immigration law news roundup: New study finds ‘immigrant entrepreneurs bring jobs and innovation’

Welcome to the Garfinkel Immigration news roundup, where every month we will summarize and provide links to the latest stories impacting U.S. immigration.

Below is the May 2024 edition of the Garfinkel Immigration news roundup:

Garfinkel Immigration named ‘Pro Bono Firm of the Year’ by Legal Aid of North Carolina

Garfinkel Immigration is honored to be recognized as the 2024 “Pro Bono Firm of the Year” by Legal Aid of North Carolina (LANC).

Garfinkel Immigration Law Firm was nominated for the recognition by the LANC’s “Immigration Pathways for Victims” (IMMPAV) project, which assists and supports immigrant survivors of domestic violence, sexual assault, and/or trafficking.

“We are thrilled and humbled by this award,” Garfinkel Immigration Managing Partner Hannah F. Little said. “It shows the spirit, dedication and service embodied by our mission and by our team members. Our Firm believes in the power of pro bono work to drive meaningful change, and we are truly honored to be recognized by Legal Aid of North Carolina.”

Find out more here.

Explaining the H-3 trainee nonimmigrant visa classification

The H-3 visa permits foreign nationals (FNs) from any country to come to the United States to participate in a training program with a U.S. employer.

The U.S. employer must demonstrate that:

  • The proposed training is not available in the FN’s own country;
  • The FN will not be placed in a position which is in the normal operation of the business and in which citizens and resident workers are regularly employed;
  • The FN will not engage in productive employment unless such employment is incidental and necessary to the training; and
  • The training will benefit the FN in pursuing a career outside the United States.

Learn more about the H-3 visa here.

Immigrant entrepreneurs bring jobs and innovation, new research shows

This story, written by Forbes Senior Contributor Stuart Anderson, summarizes a new research study from the National Bureau of Economic Research which found that “immigrants play a vital role in producing jobs, innovation and new businesses in the United States.”

“The findings should interest policymakers and Americans who value expanded employment opportunities, particularly in cutting-edge fields,” the story reads.

The story continues: “A National Foundation for American Policy study found 55% of America’s startup companies valued at $1 billion or more had at least one immigrant founder. Nearly two-thirds (64%) were founded or cofounded by immigrants or the children of immigrants. Approximately one-quarter of the billion-dollar companies in the U.S. had an immigrant founder who came to America as an international student.”

Read the full story from Forbes here.

AI order spurs call for more access to easier green card process

“Industry groups and immigration advocates are urging the U.S. Labor Department to exempt a wide swath of occupations from requirements for sponsoring foreign workers for permanent residency,” according to this story published by Bloomberg Law in mid-May.

The calls for exemption come after President Joe Biden issued an executive order late last year which contained a few key provisions related to foreign nationals who work in Artificial Intelligence (AI) or in the Science, Technology, Engineering and Mathematics (STEM) fields. One of those specifications included instructing the Secretary of Homeland Security to consider updating the “Schedule A” list of occupations.

“Expanding the Schedule A list isn’t seen as a panacea — overall green cards would remain limited by statutory caps,” the Bloomberg Law story reads. “But it would offer more employers the opportunity to complete the process for sponsoring workers more quickly and allow international workers to secure benefits like job portability or employment authorization for their spouses.”

The story adds: “Growing wait times to secure labor certifications at the DOL have also put a spotlight on the designated occupations list. Before companies can seek a green card on behalf of a foreign worker — including current employees on temporary visas — they must complete the permanent labor certification, or PERM, process.”

Find out more via Bloomberg News here.

Want to solve immigration? Listen to the people

Gallup analyzed their recent immigration polling data in a story published on their website earlier this month.

The piece discusses Gallup’s findings related to opinions on border security, deportation, creating legal pathways to permanent residency, and more.

“Seemingly conflicting results represent the public’s appreciation of often-complex realities. Major social and economic problems rarely have cut-and-dried solutions,” the Gallup story reads. “Tradeoffs between competing policies are necessary. The American public as a whole, and to its credit, clearly recognizes these facts when it comes to immigration issues.”

Read the full story from Gallup here.

As always, please do not hesitate to contact Garfinkel Immigration Law Firm at 704-442-8000 or via email with any questions.

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