Despite all of the anti-immigration law talk swirling about in the news it is comforting to know that the Federal government is putting forth effort to stimulate American investments by attracting foreign entrepreneurial talent. The USCIS celebrated the six month anniversary of Startup America by encouraging the use of employment-based second preference (EB-2) immigrant visas.
Startup America is a White-House initiative "to celebrate, inspire and accelerate high-growth entrepreneurship throughout the nation." Through this program the Obama Administration has strived to unlock access to capital, help to connect mentors, reduce barriers, accelerate innovation, and unleash market opportunities.
The USCIS urges foreign entrepreneurs to take advantage of the EB-2 category, "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 Alejandro 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."
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.
In addition, the USCIS is also transforming the review process for the EB-5 immigrant investor program to encourage foreign investment in the United States. These changes 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 is developing a phased plan to roll out these enhancements and is poised to begin implementing the first of these enhancements within 30 days.
As of June 30, 2011, it is estimated that the EB-5 program has resulted in more than $1.5 billion in capital investments and created at least 34,000 jobs in the United States.
If you would like more information on these visa categories please contact one of our immigration attorneys.
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FAQ for EB-2 immigrant visa category