Initiatives To Promote Startup Enterprises And Spur Job Creation

Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas have announced a series of efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who can create jobs. "Current immigration laws support foreign talent who will invest their capital, create new jobs for American workers, and dedicate their exceptional talent to the growth of our nation's economy," said Director Mayorkas. "USCIS is dedicated to ensuring that the potential of our immigration laws is fully realized, and the initiatives we announce today are an important step forward."

This is part of Startup America, a White House initiative seeking to reduce barriers and increase growth for America's job-creating entrepreneurs. USCIS has published a Frequently Asked Questions (FAQs) document on its website clarifying that entrepreneurs may obtain an employment-based second preference (EB-2) immigrant visa if they satisfy the existing requirements, and also may qualify for a National Interest Waiver under the EB-2 immigrant visa category if they can demonstrate that their business endeavors will be in the interest of the United States. The EB-2 visa classification includes foreign workers with advanced degrees and individuals of exceptional ability in the arts, sciences, or business. An EB-2 visa petition requires a job offer and a Department of Labor certification. These requirements can be waived if the petitioner demonstrates that approval of the EB-2 visa petition would be in the national interest of the United States. USCIS has also clarified that an H-1B beneficiary who is the sole owner of the petitioning company may establish a valid employer-employee relationship for the purposes of qualifying for an H-1B nonimmigrant visa. The EB-5 immigrant investor program is also being further enhanced by making processing faster and providing applicants with the opportunity for an interview before a USCIS panel of experts to resolve outstanding issues in an application. For more information, go to www.uscis.gov.

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