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 jobcreating

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 EB-2 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