USCIS INITIATIVES FOR ENREPRENEURS (AND SOME BIG PREMIUM PROCESSING NEWS)

The USCIS issued the following press release about its new initiatives for entrepreneurs:  http://www.dhs.gov/ynews/releases/20110802-napolitano-startup-job-creation-initiatives.shtm

The USCIS issued a Q&A addressing how an entrepreneur can qualify for an EB-2 green card as an advanced degreed professional or alien with exceptional ability in the arts, sciences or business and explains how PERM Labor Certification can be avoided if the applicant qualifies for a National Interest Waiver: http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=93da6b814ba81310VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

The USCIS issued a Q&A about an earlier issued Memorandum on Establishing the “Employee-Employer Relationship” in H-1B Petitions: http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

At this point, the released documents do not reveal much new policy, but they may be a sign of a new willingness by USCIS to consider employment creators and others who benefit the economy in a newer, more favorable light in immigration applications.

Some highlights of the released documents are:

1.      The press releases indicates that USCIS will complement these FAQs with internal training on the unique characteristics of entrepreneurial enterprises and startup companies and incorporate input from the upcoming stakeholder engagements

2.      The Q&A on employee-employer relationships indicates that such a relationship may be established even of the sponsored worker owns the employer “if the facts show that there is a right to control by the petitioner over the employment of the beneficiary, then a valid employer-employee relationship may be established. For example, if the petitioner provides evidence that there is a separate Board of Directors which has the ability to hire, fire, pay, supervise or otherwise control the beneficiary, the petitioner may be able to establish an employer-employee relationship with the beneficiary.”

3.      The press release indicates that USCIS is developing a phased plan to roll out the EB-5 enhancements proposed in May (including Premium Processing) and is poised to begin implementing the first of these enhancements within 30 days.

4.      The press release indicates that USCIS has announced the expansion of its Premium Processing Service to immigrant petitions for multinational executives and managers (often referred to as “E13”). The Premium Processing Service allows employers to expedite processing of their petitions, absent evidentiary deficiencies, fraud or national security concerns.

USCIS Reportedly to Announce Today Administrative Fix Plan for Employment-Based Immigrants

• Report indicates that the USCIS Director disclosed yesterday that he will unveil today a plan to make it easier for some foreigners to qualify for legal permanent residence, or green cards, if they can demonstrate their work will be in the U.S. national interest. The changes will also include a way for entrepreneurs to obtain work visas without a job offer from an established company. Reportedly he also plans to announce that USCIS will be training its examiners on how visa-eligibility requirements apply to entrepreneurs. As part of the new initiatives, foreign entrepreneurs will be eligible for a so-called EB-2 immigrant visa without a specific job offer, as long as they demonstrate that their business endeavors will be in the U.S. national interest. As part of the new measures, a sole entrepreneur can also qualify for an H-1B if the individual’s employment is decided by a corporate board or shareholders of the start-up company. The USCIS is reportedly also seeking to speed up the approval process by hiring additional adjudicators to evaluate applications and enabling petitioners to make their case before an expert panel should their application require further evidence or be denied. The moves apparently come as demand for H-1B visas has fallen.

Click here for article from Wall Street Journal—