Use your widget sidebars in the admin Design tab to change this little blurb here. Add the text widget to the Blurb Sidebar!

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

Posted: August 3rd, 2011 | Author: | Filed under: Investor Visas, National News | Tags: , , | 1 Comment »

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.

Powered By DT Author Box

Written by Chris Jaensch

Chris Jaensch

Attorney P. Christopher Jaensch received a Bachelor of Arts degree in History in 1992 and a Juris Doctor degree in 1995 from the University of Florida. While at UF, he was a member of Sigma Chi Fraternity, Phi Beta Kappa Society and Florida Blue Key, the oldest and most prestigious leadership honorary in the state of Florida.

Mr. Jaensch is a member of the Florida Bar, the American Immigration Lawyers Association (AILA) and the Sarasota Bar Association. He has served as President of the Sarasota-Manatee International Trade Club and served as Regional Vice Chair, Tampa Bay, for the Central Florida Chapter of AILA. He was a member of City of Sarasota Charter Review Committee and has been active in several local organizations, including the influential Laurel Park Neighborhood Association in downtown Sarasota.

Mr. Jaensch has over 18 years of experience in the field of immigration and nationality law and focuses his practice on four primary categories (a) investors and entrepreneurs, (b) business executives, managers and professionals, (c) amateur and professional athletes and coaches and (d) performing artists and immigrants with extraordinary ability.


One Comment on “USCIS INITIATIVES FOR ENREPRENEURS (AND SOME BIG PREMIUM PROCESSING NEWS)”

  1. 1 Rick Otton Boot Camp said at 7:19 pm on October 13th, 2011:

    Rick Otton…

    […]USCIS INITIATIVES FOR ENREPRENEURS (AND SOME BIG PREMIUM PROCESSING NEWS) « Jaensch Immigration Law Firm[…]…


Leave a Reply