USCIS Develops Tools to Help Foreign Entrepreneurs in the US

In late November, USCIS Director Alejandro Mayorkas revealed a new addition to the Entrepreneurs in Residence (EIR) initiative, an online resource center called Entrepreneur Pathways. The digital resource center will aid entrepreneurs, who are looking to start a business in the US, in maneuvering through the immigration process.

The EIR initiative

The USCIS EIR initiative was instituted in early 2012, and works to bolster USCIS policies and economic growth using industry expertise. The EIR Team is comprised of USCIS immigration and business experts who work together to standardize the process for obtaining various nonimmigrant visa categories that are often utilized by entrepreneurs.

Additionally, the EIR team has also:

  • Developed and deployed a training workshop for USCIS employment-based immigration officers that focuses on startup businesses and the environment for early-stage innovations;
  • Trained a team of specialized immigration officers to handle entrepreneur and startup cases;
  • Modified Request for Evidence templates for certain nonimmigrant visa categories to incorporate new types of relevant evidence into the adjudicative process; and
  • Developed a plan for quarterly engagements with the entrepreneurial community to ensure that USCIS stays current with industry practices.

One of the team’s main goals is to find a way for foreign entrepreneurs to establish a business in the US within the scope of immigration law. In order to continue to build momentum, the EIR team will remain in effect until April 2013.

What We Need Now

A great first step has been taken by USCIS using the present framework to answer a need for self-sponsorship by entrepreneurs; but the same processing-bottlenecks remain in place, such as long waits for filing adjustment of status to complete the ‘green card’ process due to backlogged priority dates. We may be better served instead if there were more treaty countries added to the E-Treaty Trader and Treaty Investor Visas, or if there was a separate category of E-Investor Visa at the $250,000 investment level with a requirement for four full-time jobs created.

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See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

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