USCIS - USCIS Initiatives to Promote Startup Enterprises and Spur Job Creation </br> Fact Sheet

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3f412bfb4cf81310VgnVCM100000082ca60aRCRD[2/26/2013 2:59:26 PM]

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USCIS Initiatives to Promote Startup Enterprises

and Spur Job Creation 

Fact Sheet

Background

On Aug. 2, 2011, Secretary of Homeland Security Janet Napolitano and USCIS Director Alejandro

Mayorkas outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy

and stimulate investment. These initiatives will allow our nation to realize the potential of current

immigration laws to attract the best and brightest from around the world to invest their talents, skills,

and ideas to grow the U.S. economy and create American jobs.

Introduction

The following actions mark the six-month anniversary of Startup America, a White House-led

initiative to reduce barriers and accelerate growth for America’s job-creating entrepreneurs. These

measures have been one key focus of the President's Council on Jobs and Competitiveness, which

has recommended taking action to help ensure that America can out-innovate and out-compete the

world in a global economy.

Availability of EB-2 National Interest Waivers to

Entrepreneurs

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 EB2 immigrant visa category if they can demonstrate that their business endeavors will be in the

interest of the United States. USCIS has issued Frequently Asked Questions to clarify this issue.

USCIS will also conduct internal training on the unique characteristics of entrepreneurial enterprises

and startup companies and incorporate input from the upcoming stakeholder engagements detailed

below.

The EB-2 visa classification includes foreign workers with advanced degrees and individuals of

exceptional ability in the arts, sciences, or business. Generally, an EB-2 visa petition requires a job

offer and a Department of Labor certification. These requirements can be waived under existing

law if the petitioner demonstrates that approval of the EB-2 visa petition would be in the national

interest of the United States.

Availability of H-1B Visas to Entrepreneurs

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. USCIS has

updated existing FAQs to clarify this issue.

New Procedures for Processing EB-5 Petitions

USCIS is enhancing the EB-5 immigrant investor program by transforming the intake and review

process. In May, USCIS proposed fundamental enhancements to streamline the EB-5 process

which include: 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. After reviewing stakeholder feedback on the proposal,

USCIS will begin implementing the first of these enhancements within 30 days.

Premium Processing Service Available to Additional

Employment-Based Visa Categories

USCIS will also expand 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. With this addition, nearly all employment-based petitions and

applications will have the option of Premium Processing.

New Engagement Opportunities for Entrepreneurs and

Startup Companies

USCIS is committed to open and transparent communication with stakeholders. The Office of

Public Engagement will host a series of meetings to discuss issues of importance to foreign

entrepreneurs and start-up companies. These engagements will provide USCIS with valuable

stakeholder feedback on how entrepreneurs and start-up companies can be eligible for

employment-based visa categories. USCIS will host the first of these engagements on Aug. 11,

2011.

USCIS is also launching Conversations with the Director, a new series of small group meetings with

Director Mayorkas to discuss immigration issues important to communities around the country. The

first meeting will take place the week of Aug. 15, 2011, and will focus on economic development

and the EB-5 investor program.

Related Links

DHS Press Release: Secretary

Napolitano Announces

Initiatives to Promote Startup

Enterprises and Spur Job

Creation

DHS Press Release da...

Blog Post: Encouraging

Entrepreneurs and High Skilled

Workers to Bolster the U.S.

Economy and Spur Job Growth

Questions & Answers: USCIS

Issues Guidance Memorandum

on Establishing the "EmployeeEmployer Relationship" in H-1B

Petitions

Employment-Based Second

Preference Immigrant Visa

Category 

Frequently Asked Questions

Regarding Entrepreneurs and

the Employment-Based Second

Preference Immigrant Visa

Category

Upcoming National

Engagements

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USCIS - USCIS Initiatives to Promote Startup Enterprises and Spur Job Creation </br> Fact Sheet

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3f412bfb4cf81310VgnVCM100000082ca60aRCRD[2/26/2013 2:59:26 PM]

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Last updated:08/03/2011