Services
About
Contact
DHS outlined various policy, operational, and outreach efforts to promote start-ups on August 2, 2011. With these, DHS aims to fuel the US economy and stimulate investment by attracting foreign entrepreneurial talent who otherwise can create US jobs, form start-up companies in the United States, and/or invest capital in areas of high unemployment.
These actions to promote start-ups mark the six-month anniversary of Startup America, a White House-led initiative to reduce barriers and accelerate growth for US job-creating entrepreneurs. They have also been a key focus of the President’s Council on Jobs and Competitiveness.
USCIS has published a FAQ (EB-2 and Entrepreneurs FAQ) regarding entrepreneurs and EB-2 immigrant visas who may qualify for a National Interest Waiver (NIW) if they can show their business endeavors will be in the interest of the US.
The Service will perform internal agency training on the unique characteristics of entrepreneurial enterprises and start-up companies. They will also incorporate input from stakeholder engagements.
The EB-2 immigrant visa classification includes foreign workers with advanced degrees and individuals of exceptional ability in the arts, sciences, or business. Generally, an EB-2 immigrant visa petition requires a job offer and a Department of Labor certification. Existing law allows for a waiver of these if the petitioner shows that approval is in the US national interest. But it is at this time unclear how much impact these initiatives will have on adjudication of such petitions, however.
USCIS has updated existing FAQs to clarify that an H-1B visa beneficiary who is the sole owner of a petitioning company can establish a valid employer-employee relationship to qualify for an H-1B. (US businesses rely on the H-1B to employ foreign professionals.) We expect this initiative to have a minimal impact on H-1B visas for sole or majority owners of start-ups unless the petitioning start-up entity is clearly not controlled by the person seeking an H-1B visa.
USCIS is further enhancing the EB-5 immigrant investor program by transforming its intake and review process. In May, USCIS proposed fundamental enhancements to streamline the EB-5 process. These include: extending premium processing for certain EB-5 applications and petitions, providing direct lines of communication with USCIS, and providing applicants with the opportunity for an interview before a USCIS panel of experts to resolve outstanding issues. After reviewing stakeholder feedback on the proposal, USCIS is developing a phased plan to roll out these enhancements. The Service is poised to begin implementing the first of these enhancements within 30 days.
Created by Congress in 1990, the EB-5 program stimulates the US economy through capital investment and resulting job creation by immigrant investors. As of June 30, 2011, the EB-5 program has resulted in an estimated $1.5 billion+ in US capital investments and created at least 34,000 US jobs.
USCIS has also announced the expansion of its Premium Processing Service to the EB-1 Multinational Executive/ Manager Green Card category (EB-1-3 or MNE). Premium Processing allows employers to expedite processing of their petitions, absent evidentiary deficiencies, fraud or national security concerns.
[Note that despite this announcement back in 2011, USCIS did not in fact expand premium processing for the EB-1 Multinational Executive and Manager category until January 2023.]