Joann D’Emilio -

New York Law Firm

JOANN D’EMILIO is an associate attorney with Kommer Bave & Ollman LLP. She is a graduate of Cornell University (B.S. with Distinction) and St. John’s University School of Law (J.D. cum laude). She is admitted to practice in the State of New York, and the United States District Court for the Southern and Eastern Districts of New York. Since 2007, Ms. D’Emilio’s practice has focused on Trusts and Estates, and Elder Law and Special Needs matters. Ms. D’Emilio has lectured on Medicaid law and Probate administration for the National Business Institute. She is a member of the New York State Bar Association Trusts and Estates Section, and Elder Law Section, and a member of the Westchester County Bar Association. She is also a Trustee of the Village of Ardsley, New York.

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USCIS to Begin Accepting Applications under the International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision. Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

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