September 28, 2011 –
USCIS Initiatives to Promote Startup Enterprises and Spur Job Creation

In congruence with the Obama Administration’s focus on creating high-skilled jobs for U.S. workers and improving the economy, Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) and Director Alejandro Mayorkas have outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.

In a Press Release in August, the Administration announced these new initiatives, which it has since followed with a series of public outreach meetings, Blog posts, and the like. The August Press Release emphasized USCIS’ commitment, spurred by the Administration,  to fully realize the potential of existing immigration laws to continue to attract the “best and brightest” from around the world to invest their talents, skills, and ideas to grow our economy and create American jobs.

What do these initiatives mean, and what actual changes are promised to the U.S. Immigration system?

Availability of H-1B Visas to Entrepreneurs.
A clarification that Entrepreneurs with an ownership stake in their own companies, including sole employees, may be able to establish the necessary employer-employee relationship to obtain an H1-B visa if they can demonstrate that the company has the independent right to control their employment. The H-1B program is used by US employers to obtain authorization for foreign talent employed in specialty occupations, including science, technology, engineering and math fields.

New Procedures for Processing EB-5 Petitions.
Created by Congress in 1990, the EB-5 program stimulates the U.S. economy through capital investment and resulting job creation by immigrant investors.  USCIS has committed to focus on enhancing the EB-5 immigrant investor program by transforming the intake and review process through such as actions as extending the availability of premium processing for certain EB-5 applications and petitions, implementing direct lines of communication between the applicants and USCIS and providing applicants with the opportunity for an interview before a USCIS panel of experts to resolve outstanding issues in an application.

Expansion of Premium Processing to additional employment-based immigrant categories.
A commitment to expansion of “Premium Processing Service,” which provides expedited processing for an additional filing fee of $1225.00, and will include more employment-based visa classifications, such as  immigrant petitions for multinational executives and managers, thus allowing a quicker turn around time for individuals in this classification to obtain permanent residence.

Expansion of EB-2 National Interest Waivers to include Entrepreneurs.
USCIS plans to liberalize the EB-2 National Interest Waiver Green Card program, to include Entrepreneurs who demonstrate that their business endeavors will be in the interest of the United States; USCIS states its commitment to conduct internal training on the unique characteristics of entrepreneurial enterprises and startup companies to its officers.

New Engagement Opportunities for Entrepreneurs and Startup Companies. 
USCIS has committed to open and transparent communication with stakeholders, through a series of meetings to discuss issues of importance to foreign entrepreneurs and start-up companies.  Such stakeholder meetings are already taking place.

For more information, please click on the following links:

USCIS Announces Initiatives to Promote Startup Enterprises and Spur Job Creation

Frequently Asked Questions (FAQs) 

Startup America

 www.uscis.gov/outreach