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New USCIS Initiatives to Attract Foreign Investors

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In an about face, USCIS announced on August 2, 2011 that it will pursue new policies to attract foreign investors.
 

USCIS issued a press release on August 3, 2011 memoralizing Secretary of Homeland Security Janet Napolitano and USCIS Director Alejandro Mayorkas' August 2 announcement outlining new policy and operational changes to "reduce barriers" and "accelerate growth" for foreign job-creating entrepreneurs.

The announcement did not relate to any new laws or regulations, but merely a more accomodative policy in the application of existing laws and regulations relating to job-creating foreign investment in the United States.  The most important of the announcements included:

  1. Availability of premium processing for EB 1(c) multinational manager/executive I-140 petitions
  2. A more accommodating adjudication stance on EB-2 national interest waivers for entrepreneurs
  3. The availiability of H-1B visas for entrepreneurs including sole employees of US companies "if they can demonstrate that the company has the independent right to control their employment"
  4. New EB-5 investor procedures including premium processing, opening direct lines of communication between the applicant investor and most interesting, providing applicants with the opportunity to resolve outstanding issues before a panel of USCIS experts

USCIS will begin holding meetings through The Office of Public Engagement to discuss issues of importance to foreign entrepreneurs and start up companies with the first of these meetings scheduled for August 11, 2011.

Read the USCIS press release here

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