HomeBlogEntrepreneurDirector Mayorkas Blogs About Entrepreneurs and Skilled Workers Fueling the Economy

Director Mayorkas Blogs About Entrepreneurs and Skilled Workers Fueling the Economy

  • August 4, 2011
  • Category: Entrepreneur, H-1B Visas, USCIS Director Mayorkas
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USCIS Director Alejandro Mayorkas writes a Beacon blog post about encouraging innovative entrepreneurs and high skilled workers to bolster the economy and spur job growth

Director Mayorkas stated the following in his blog–
As part of the Administration’s comprehensive effort to attract and retain high-skill entrepreneurs, USCIS announced today that it will:
  • Clarify that immigrant 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 Interested 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;
  • Expand the Premium Processing Service to immigrant petitions for multinational executives and managers;
  • Clarify when a sole employee-entrepreneur can establish a valid employer-employee relationship for the purposes of qualifying for an H-1B non-immigrant visa;
  • Implement fundamental enhancements to streamline the EB-5 process based directly on stakeholder feedback;
  • Launch new engagement opportunities to seek input and feedback on how to address the unique circumstances of entrepreneurs, new businesses and startup companies.

Here is my analysis of these announcements:

1.  EB-2 Entrepreneur.

This seems to come with the following requirement:  “Entrepreneur will be working for a U.S. employer who files a petition on the entrepreneur’s behalf. ” Entrepreneurs typically work for themselves.  They come up with the idea.  They start the business.  It seems illogical that they would need to work for someone else.  Here is another requirement that makes no sense:  Entrepreneur is a member of the profession holding an advanced degree or foreign equivalent degree.  Did Bill Gates or Michael Dell hold advanced degrees when they started up their companies?  That is a No.

2.  Expand the Premium Processing Service to immigrant petitions for multinational executives and managers

So, USCIS wants to expand the list of immigrants eligible to pay $1,225 extra for USCIS to expedite their applications.  Really?  I find this improvement under-whelming.   

3.  Clarify when a sole employee-entrepreneur can establish a valid employer-employee relationship for the purposes of qualifying for an H-1B non-immigrant visa;

If the facts show that there is a right to control by the petitioner over the employment of the beneficiary, then a valid employer-employee relationship may be established.  This is positive, but what about lifting the H-1B cap?  Instead of a static limit on H-1Bs, why not peg it to a dynamic number?  Why not tie it to an economic growth figure?  If our economy is booming, we limit the growth when we allow only a fixed number of H-1Bs.

4.  Implement fundamental enhancements to streamline the EB-5 process based directly on stakeholder feedback;  

This is not new.  USCIS made this announcement on May 19, 2011. 

 



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