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02 August 2011

Encouraging Entrepreneurs and High Skilled Workers to Bolster the U.S. Economy and Spur Job Growth

By Alejandro Mayorkas

The United States has a long, rich history of welcoming innovative entrepreneurs and skilled workers into our country.  These men and women fuel our nation’s economy by creating jobs, and promoting new technologies and ideas. Today, I joined Secretary of Homeland Security Janet Napolitano and outlined a series of new policy, operational, and outreach efforts that will help fuel the nation’s economy and stimulate investment by making it easier for high-skill immigrants to start and grow companies and create jobs here in the United States.

Encouraging the kinds of streamlining measures USCIS is taking today has been one key focus of the President's Council on Jobs and Competitiveness because they help ensure that America can continue to out-innovate and out-compete the world in a global economy.

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 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;
  • 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.
Today, I am also launching Conversations with the Director, a new series of small group meetings I will hold to discuss immigration issues important to communities around the country. The first meeting will focus on economic development and the EB-5 investor program.

For more information on USCIS and its programs and to subscribe to the “Business Immigration” RSS feed, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon. 

Alejandro Mayorkas is the Director of U.S. Citizenship and Immigration Services.

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130 Comments:

At August 3, 2011 at 10:15:00 AM EDT , Anonymous Anonymous said...

Thats good initiative and fruitful for next generation. While many High skilled(with Master Degreee) non immigrants are waiting in Greencard queue from more than 5 years. Do you also planning to think to expediate process for them ?or let them go to their home county after standing in frustation queue ?

 
At August 3, 2011 at 10:17:00 AM EDT , Blogger Boris Trucco said...

Can permanent residents benefit from these programs for entrepreneurship?

 
At August 3, 2011 at 10:21:00 AM EDT , Anonymous Anonymous said...

I am a US Advanced Degree holding Skilled Worker, waiting for my Sibling Category Green Card since 2003. I am keen to start my own business venture here in the United States, but do not feel comfortable making any investments until my Green Card comes through. As part of your reform process, is there any immediate hope for me out there?

 
At August 3, 2011 at 10:27:00 AM EDT , Anonymous Anonymous said...

Warm welcome. Do USCIS have any plans to allow the highly skilled spouses of the H1B holders to work? They sit idle with extreamly high qualifications and skills. Most of them do not want to seek another H1B for the sake of staying with the family. Above all it should be considered as a fundamental right to work.

 
At August 3, 2011 at 10:32:00 AM EDT , Anonymous Anonymous said...

I think we need to focus on getting the American people the ability to afford these opportunities before we extend them to immigrans. If you look at the immigrant businesses (especially small businesses) here in the US most of them don't employee Americans. They employee more immigrants and there family members. I think we have enough high skilled Americans that are unemployed right here in the US who would welcome the opportunity to become an entrepreneur. Not saying not to allow immigrants the opportunity, but lets get the American people on their feet and then you'll see the economy rise.

 
At August 3, 2011 at 10:34:00 AM EDT , Anonymous Anonymous said...

Hello Sir Alejandro.

United States has been the economic backbone of the world. US is a great nation that welcomes anyone that can help boost its economy, protect its citizen and the entire human race and anyone who embraces peace and democracy. It has a long standing relations to any nation that promotes and protect equality. We welcome any news that United States has relaxes its stand on immigration matters without sacrificing its security and economic prowess. I specially want to ask on behalf of all nurses around the world to take a look at the h1b policy. Though most of the nurses do not qualify for h1b visa, some nurses are qualified based on the memorandum passed several years ago. There have been lots of h1b denials on behalf on petitioned nurses nowadays. Healthcare in the USA has been the epitome of care envied around the globe. USA needs nurses. We, foreign-trained nurses, do not want to get the job of American nurses. We just want to help in temporarily alleviating the nursing shortage experience in the Western World specially the USA and experience the life in the land of milk and honey. HELP US HELP YOU.

Thank you sir!

God Bless the USA.

 
At August 3, 2011 at 10:38:00 AM EDT , Anonymous Anonymous said...

Good morning,
I totally disagree with immigrant emmigration for the sake of the United States. We Americans are highly skilled and should secure career stabilization for our country. This is a huge problem for us because,we need to work right now! Stop importing people from other countries to fill our positions!

 
At August 3, 2011 at 10:54:00 AM EDT , Anonymous Anonymous said...

I can NOT find that meeting. I want to attend that meeting and ask the Secretary this political question.
Granted a work permit in 1998 under EB-1, highly skilled, have never gotten data of my own record regardless of then AG Janet Reno endorsement and Commissioner Doris Meissner recommendation (I have a lot of them G-town,...). Who am I? a US naturalized citizen? why not this correction of errors? where is the US passport (paper and card), I am turning down a lot of jobs, now GE, Amersham and others (Ma,...). I have a lot of awards, degrees, excellent research works and demands for interviews. I settled others.
Judge Jackson who knowns me personnal, left the bench w/o solving, should have been my lawyer but the cigar man in Florida?!!
Just want to money and live my American dream. Do you want me to go embassy when I am not been their resident/citizen for almost 20/10 years?!!)
Help
Arthur Mboue

 
At August 3, 2011 at 10:59:00 AM EDT , Anonymous Al Aydeniz said...

I applaud the decision. All of us, immigrant US citizens have something to prove; we are the best in the entire world. It doesn’t matter where in the world you came from. The nation without citizens’ contribution to their country is like an empty planet. I came to US as an immigrant and became an entrepreneur love working for US and support jobs that are in the US.

 
At August 3, 2011 at 11:10:00 AM EDT , Anonymous Anonymous said...

With millions of Americans unemployed please cancel or put all temporary foreign workers visas like H1-b, L1 on hold. Also limit employment based green cards like EB1, EB2, EB3,

Please do not imlement a start up or investor visa, that will be disastrous to the American work force.
Help Americans first find work.

 
At August 3, 2011 at 11:11:00 AM EDT , Anonymous Anonymous said...

Is there any movement on the elimination of per-country limits or recapturing wasted visas from prevous years? If not, how does the USCIS propose streamlining and making high-skilled immigration more efficient? Just wondering...

 
At August 3, 2011 at 11:15:00 AM EDT , Blogger aliyevker said...

I am sure whatever you say on this blogs sounds fantastic but what happens in reality. I site my own experience. I am in the process of receiving my "green card" and thanks to the God, I am already in the final stage. but what happened to me before I got here? Firstly, I had been approved to work for my current employer 6 times (i did not change my employer since I have entered USA). yes that is right 6 times. Honestly, I do not think that was necessary. Secondly, when I send all files to USCIS it was assigned to one of the service center but when time reached its limits (4 months) for some unknown reason my case was suddenly was transferred to another service center and clock was reset. it is not a pleasant feeling when you see the government organizations fights their statistical data by cheating. Yes I am not afraid of this word. It was pure cheating from the USCIS side. Later, one month after my case arrival to another service center one of the form was approved another one is still pending. Even though all my papers files as a package, somebody (I do not know how exactly it works internally) picks up the case (file) and approves one of the papers in the case and holds the other one pending without any reasons for it. As I told before I have already been approved to work in the USA 6 times and I passed my fingureprints check. And I honestly see any reason to hold my approval.
Anyways, you see my story and now after being through all these, do you really believe I can trust anything you say on this blog? It will take huge effort from your side to reduce a bureaucracy in the system. USCIS needs to reduce bureaucracy not create new complicated rules which will create payable hours for lawyers.
I am positive that you will not post this on your blog but I honestly want to believe that you will at least read this post.

 
At August 3, 2011 at 11:22:00 AM EDT , Anonymous Anonymous said...

My small business is almost dead.
With due respect I would like to put forth the business model that my company has used in past 14+ years that contributed significantly to U.S. Economy. There are several hundred firms in similar state.

I used to hunt for talent all over the world in the information technology domain. Processed the work visas for qualified individuals, bring them in my office for grooming them on interpersonal and cultural areas so that they can seamlessly fit with the U.S. workforce. Subsequently, I would place them with my direct clients or with primary vendors of larger clients. In doing so I took care of all the personal needs of these foreigners.

To cut the long story short, you ask yourself if you will be willing to hire a technologist in your company without going through a face to face interview. 100% of my clients say NO. With the new law that requires an “end-client contract” for someone who is not even on U.S. soil is bringing hundreds of U.S. small business down. At one end U.S. is either diverting the world talent to other countries or the software projects are transported to other nations; on the other hand any revenue generated in the form of taxes and social security paid by H1 workers is reducing drastically. Either way, U.S. is losing.

The argument in favor of this restriction is that you are protecting U.S. jobs. Reality is different; there is an acute scarcity of technology workers in U.S. and I can you an example from my “In-box”. I get over 150 job requirements from clients and primary vendors of the clients “every day”. I don’t have people in my company to offer. I have place many ads in the leading news papers and job sites to get local talent and I hardly get any matching candidates. At times I get a resume or referral from people already in the workforce and are looking for better opportunity or from those who are expect to get a very high pay-rate that my clients are not willing to pay.

This is the reality on the ground. If your objective is any of the following then please prove it with an action fostering the same and not contradicting.

1. Do you want attract talent to USA?
2. Do you want to increase tax revenue?
3. Do you want to save US jobs by not exporting IT projects off-shore?
4. Do you want to save several hundred small businesses from going under?

 
At August 3, 2011 at 11:23:00 AM EDT , Anonymous Anonymous said...

If the immigrants posses a skill that no one else already here in the US has; they are very welcome. Besides it does follow the tradition of great people coming to contribute to this great country.
Be careful with people that seem to complaint abut anything without much foundation. I always thought, in disagreement with many, that well educated immigrants can displaced workers out of good jobs here in the USA not like the uneducated that will take the jobs that are not filled becasue they are hard and pay less.
So my advice is to let people in that will contribute in addition to what we US citizens are already doing and not in substitution.

 
At August 3, 2011 at 11:28:00 AM EDT , Anonymous Anonymous said...

USCIS should additional clarifications on how to handle Employer-Employee relationship with single owner company or change the language on memo with exception of employer-employee relationship for single owner company.

For instance how can a single owner entrepreneur can have someone else control the business to prove employer-employee relationship?

 
At August 3, 2011 at 11:30:00 AM EDT , Anonymous Anonymous said...

Entrepreneurs provide Both skills as well as investment capital, however this initiative should not used as a vehicle for the naturalization of anyone who entered the United State illegally, or anyone who remains in the United States after a visa has expired.
There should never be any rhetoric that does not differentiate between legal and illegal immigrants and deportation policies should remain rigidly enforced.

 
At August 3, 2011 at 11:30:00 AM EDT , Anonymous Anonymous said...

I think graduate students from US universities and STEM related fields, should be granted permanent residency if they wish to stay in the US after their graduation.

The current process of F1 -> F1-OPT -> H1B -> green card is a long wait esp for countries like India and China (10+ yrs). The long process is discouraging. I'm sure granting permanent residency would benefit the US economy and prevent highly graduate students from going back to their country of origin.

 
At August 3, 2011 at 11:36:00 AM EDT , Anonymous Anonymous said...

The H1B experiment has been going on for 10+ years now, and unemployment is at an all time high. Where are the jobs that these people were supposed to create? Where is the innovation? Certainly not in Silicon Valley, with miles of 'For Lease' signs. There are plenty of unemployed Americans sitting on the bench, hoping to get an interview or even just a call so they can feed their family, and we're scheming to bring in MORE foreigners? Really? There is more evidence to support the argument that guestworker visas have an overall net negative effect on the economy than showing anything positive. Put Americans back to work and stop wasting time on Enron-style speculation.

 
At August 3, 2011 at 11:38:00 AM EDT , Anonymous Victor Prodigo said...

This is a great opportunity for innovative applicant to qualify for the EB3 NIW program

 
At August 3, 2011 at 11:40:00 AM EDT , Anonymous twins.fan said...

Unfortunately, the track record of the USCIS over the past decade has been a disaster for US workers.

While advocating the creation of jobs as a reason for increasing immigration, the exact opposite has taken place. There has been a reduction of jobs for US workers. All of this occurs under the watchful eye of the USCIS.

Recently the GAO completed a study for Congress that reports that the H1B visa has been used to primarily import cheap entry level workers from the third world, primarily India and Communist China. The H1B visa was created to import highly shilled workers, but the visa has been implemented in a manner that imports replacement workers, workers that replace US workers in their own country. The GAO reports that fewer than 7% of the workers arriving in the US with an H1B visa are compensated at rates customary for highly skilled workers. Over half of the workers arriving with H1B workers are entry level workers.

The H1B visa is also being used to bring in workers that participate in a practice known as Knowledge Transfer (KT) in which a US worker trains their own replacement, generally a worker from the third world, again primarily from India. The H1B worker primarily comes into the US primarily with a team of workers. Once the team is trained, the US workforce is laid off, and the operations center is dismantled and reconstructed in a third world country, again, primarily India.

Also under the watchful eye of the USCIS, the US has been importing so called "entrepreneurs" that are merely owners of H1B body shops, which are essentially staffing agencies that allow US corporations and governmental agencies to operate a stealth job placement program, employing immigrants who are cheap entry level workers without having to advertise those jobs to US workers. Two such "entrepreneurs" are the owners of the TechnoDyne, who ran the CityTime project for Michael Bloomberg and the City of New York. The projected cost of the project was $60 million, but the latest cost is now $760 billion. The owners of TechnoDyne are back in India evading US Federal authorities. TechnoDyne was merely another Indian H1B body shop.

Now the USCIS proposes to import even more so-called entrepreneurs, which will probably be even more Indian H1B body shops, which will ultimately replace US workers with cheap entry level workers from India.

 
At August 3, 2011 at 11:44:00 AM EDT , Anonymous Nancy-Jo Merritt said...

Happy to hear support for these key financial categories. It is especially important to have communication with USCIS about these programs, especially how entrepreneurs view the process, and identification of the business issues that are often foreign ground to the government. NJM/Phoenix

 
At August 3, 2011 at 11:46:00 AM EDT , Anonymous Anonymous said...

dear sir,

First of all, many H1B professionals has ideas to invest in this country as EB5, but the main problem they make it so hard to even try to invest the amount of investment so large $500,000.00 minimum and 1 million max. people do not have the money to invest; professionals has brains and skills.

Secondly, all the talk about EB2 and EB5, what happened to all people that are under EB3 and have been waiting forever to be a part of this country and invest themselves in pumping into this society by buying homes and have their own little small businesses. it has been so frustrating, i call it "endless wait" small businesses come and go this endless wait is hurting peoples life’s and the economy. I fear to even think of buying a house where all of a sudden i will have to leave the country or get laid off and cannot come back to the country I will then lose everything I has accomplished and built in my life.

i hope that my main points gets out there and President Obama can help and change things to the better he is trying as his campaign said "he is here for change"

 
At August 3, 2011 at 12:05:00 PM EDT , Anonymous Anonymous said...

THIS IS AN EXCELLENT STEP TO PROVIDE NEW JOBS,PERSPECTIVES FOR THE U.S ECONOMY.NEW FACILILTATING MEASURES SHOULD BE UNDERTATAKEN IN ORDER TO PAVE THE WAY TO SMOOTH,NOT TOO LONG VISA PROCESSES BECAUSE SUCH GOOD THINGS MUSTN'T WAIT.
GOOD LUCK

 
At August 3, 2011 at 12:15:00 PM EDT , Anonymous Anonymous said...

The United States is still the most advanced nation in the world in the science and technology. That is why US is still keeping in the front of all the nations, although US has a huge government debt.

The policy of immigration of US should also serve for keeping the science and technology of US at the most front of that of the world. Here, the science and technology is a broad concept. It not only includes electronics, engineering, materials, biological and medical, aerospace, ocean navigation, oceanology, new energy, but social sciences also, such as politics, public management, community modernization, social benefit of wealth, etc.

The superpower of the world should also be the culture center of the world. It always could attract the talented people across the world to live in and work for it. The superpower should be the hope of all the human being. It should demonstrate its restless power to the rest of the world. It should lead the whole world going forward.

H Tang

 
At August 3, 2011 at 12:15:00 PM EDT , Anonymous Anonymous said...

First do something for the EB3. There are lot of people waiting for more than 12 years.

 
At August 3, 2011 at 12:41:00 PM EDT , Anonymous Anonymous said...

This is very positive from the USCIS leadership. L-1 visas are also very important to get foreign investment and to create jobs in the US. I am concerned though CIS adjudicators frequestly put very restrictive burden and interpretations on small company L-1 applications, especially in the context of job duties, preventing foreign company managers/exectives to come to the US. It will be very helpful if the Service can also put similar effort to approve more small company L-1 applications.

 
At August 3, 2011 at 1:20:00 PM EDT , Anonymous Anonymous said...

Today housing industry is not doing well. There are so many H1B holders in EB2/3 category who may have the $$ to buy homes but since they dont have a green card they are uncertain about investing in US.

Further processing times for the same is very long. There should be a way to accelearate EB2/3 categories which encourage H1B holders to buy homes and invest in US.

 
At August 3, 2011 at 1:24:00 PM EDT , Anonymous Anonymous said...

Will there be any solution to the long-waiting (>5 years) backlog of EB2 from Indian and Chinese?

 
At August 3, 2011 at 2:00:00 PM EDT , Anonymous Anonymous said...

Could a locally engaged staff be in the category skilled he may be?

 
At August 3, 2011 at 2:01:00 PM EDT , Blogger M.G. said...

The EB-5 program is the most underutilized immigration visa. The reason is the lack of clarity on its requirements and assurance of obtaining green card despite the investment. I would like to see USCIS deal with the hung EB-5 investors who enrolled in the program in the late 1990's who have yet to have their conditions removed from their green cards. I personally know 3 families who are stuck in this situation. This is very unfortunate as this program is a great opportunity to bring in foreign investment to help stimulate the US economy. I would gladly attend a Conversations with the Director meeting.

 
At August 3, 2011 at 2:04:00 PM EDT , Anonymous Anonymous said...

how can i get a job if I'm a legal resident without changing my status

 
At August 3, 2011 at 2:27:00 PM EDT , Blogger Siva Shankar Murugan said...

Secretary Napolitano,

If only EB2 are approved that never helped USA. Please see that more EB3-INDIA Employment based were created more jobs. Companies are able to high more people when less wages, as more jobs will be created.

During 1999 economy slow down also more EB3-INDIA Employment green card approved. If that does not happen now. There will be more jobs lost and more stock market fall.

PLEASE APPROVE MORE EB3-INDIA EMPLOYMENT. SO THAT THERE WILL RECOVERY SOON THAT TOO LATE.

 
At August 3, 2011 at 2:37:00 PM EDT , Anonymous Anonymous said...

This is great news.Also, could you please look into the huge backlog for the Green Card in the EB2 & EB3 community .There are so many high skilled professional waiting for the Green cards .One of the main reason for the backlog is was that USCIS did not use up all the quota allocated in a year previously.If all the wasted quota can be recaptured it would help thousands of people who are waiting for their Green Cards

 
At August 3, 2011 at 2:40:00 PM EDT , Blogger Dheeraj Nallagatla said...

This is a great way to encourage entrepreneurs and a way to boost the job market. I have a few important and valid questions, please let me know a contact email where I can forward those questions.

 
At August 3, 2011 at 2:56:00 PM EDT , Anonymous Anonymous said...

Maybe one of the ways of encouraging entrepreneurs to invest in America is to change an extremely unfair ruling that the child of a visa holder is thrown out of the Country on reaching adult status, despite living and being educated in the Country all his or her life and feeling more American than belonging to the Country of origin. It might further enhance the visa if the non-immigrant status of the E-2 has an opportunity to change to immigrant status after a successful renewal. Many of those considering investment are put off by these two major negatives.

 
At August 3, 2011 at 3:28:00 PM EDT , Anonymous D. Nelson Altamirano said...

Mr. Mayorkas,

Your efforts to simplify the naturalization process for those of us that are so called “innovative entrepreneurs and skilled workers” are commendable and long due. I have lived in this country for the last twelve years only because I love this country, and hold the company I work in high regards. The naturalization process has always been a reason for me to keep thinking on leaving the country.

I have always been here legally (F-1, H1-B, H1) but I have been unable to naturalize and fully share the wealth of knowledge and entrepreneurial spirit I posses. I believe that the goals you share on your posting are in alignment with business needs but the current process is too long, costly, and full of unnecessary complications. For example, in my personal case, I can start my residency processing but the company I work for has a need to send me abroad for more than six months so the seven-year process might have to be started over if I am away for that long. This is a broken system and if we want the economy to turn around, we need immediate action.

The UCIS just makes things too hard for the ones of us that follow the rules. This and the efforts other countries are making to take us away are really hurting this great nation (i.e.: http://www.ksl.com/?sid=14554906&nid=148).

Thanks
D. Nelson Altamirano

 
At August 3, 2011 at 4:00:00 PM EDT , Anonymous Anonymous said...

Reign in the out of control H1B, L1 and B1 programs before they drive more US citizens out of work.

 
At August 3, 2011 at 4:07:00 PM EDT , Anonymous Anonymous said...

EB2 India/China have NOT been able to file I-485 since July 2007. They are stuck with their approved I-140s. Why don't you do something for them first? Like allowing them to file I-485. You widening of eligibility for EB2 is welcome, but your neglect of those who are waiting in this category (for what it seems is eternity) is reprehensible. Shame on you!

 
At August 3, 2011 at 4:16:00 PM EDT , Anonymous Anonymous said...

Here is yet more evidence of how the USCIS continues to undermine the career prospects of experienced American citizen technical professionals via programs that allow US employers to substitute imported and indentured "fresh young blood" for Americans. I was disgusted when I saw this during public outreach meetings at USCIS HQ in Washington, DC.

 
At August 3, 2011 at 4:24:00 PM EDT , Anonymous Anonymous said...

when will the EB3 mess cleared.

 
At August 3, 2011 at 5:31:00 PM EDT , Anonymous Anonymous said...

Dear friends . I wat to give suggestion that in USA more than 12 million people are illegal living and working . they do not pay taxes and also send money to their home countries supporting their families.Lot of money is sent to other countries and it also effects the economy of the USA.
I highly sugget and request the government ,give legal sttus to these illegal people so that they pay taxes and also spend mony here in USA.
IF the government try to send them out of country .Government needs more money . But if gives them legal status by collecting some money form them like 500USD or 1000USD ,the sconomy will grew up surely.this is the only way getting more money.
Peace

 
At August 3, 2011 at 6:09:00 PM EDT , Anonymous Anonymous said...

I don't understand why we need to seek skilled workers from other counties, when we have so many people here in the US that need jobs or could benefit from being able to afford training to become skilled. I think our country needs to focus more on helping our own people.

 
At August 3, 2011 at 7:12:00 PM EDT , Anonymous Skilled Immigrant. Stuck in EB3 for past 6 years said...

This is awesome, But due to various rules, regulations and retrogression, You have MANY skilled folks who are stuck in EB3 category for years (some over 10 years) and have rich experience to get an executive MBA or start their own company, again benefiting themselves and the US economy. I would request that something be done for retrogression of EB3 India.

 
At August 3, 2011 at 8:37:00 PM EDT , Anonymous Anonymous said...

There are thousands of PhD immigrants stuck in EB2 backlog. These people are working in government and private institutions publishing research papers and generating patents. Please make the date current for them, as they produce innovative research without starting any business, which is ultimately required for job growth in this country.

 
At August 3, 2011 at 10:06:00 PM EDT , Anonymous Anonymous said...

After going through the FAQ, it is unclear how to utilize this for a startup.

Assuming that someone qualifies for this classification and wants to open and work on a startup, how do they go about getting an H1B?

Startups, especially those that are self-funded, usually mean that there are no employees and the founder is working on the idea alone. How will they qualify for H1B petition? Is there a requirement around paying prevailing wage?

Startups usually bootstrap themselves till they are successful. Not every startup has VC funding that enable them to prove the ability to pay as needed for H1b petition. Most often than not, the founder is working alone without taking home any pay. In these cases how does one go about getting a H1b to work on the startup?

The initiative is a great as it will help create jobs, but the implementation is not clear. Or is this initiative only for startups that are VC funded?

 
At August 3, 2011 at 11:15:00 PM EDT , Anonymous Hart Z. said...

Excellent initiative! Opening up EB2, especially NIW to entrepreneurs will clearly attract more skills and ideas this country needs. However, I'm wondering about its effect on existing EB2 backlogs.

As you know, there is already a multi-year wait for EB2 China and India applicants. Increasing demand for this very limited pool of visa numbers doesn't seem to be helping with the current situation. If visa retrogression worsens due to this policy change, imagine the disappointment felt by the community who's been anxiously waiting for administrative measures to "fix" the system. It would've been nice if entrepreneurs could draw visa numbers from somewhere else, or even as a new category.

 
At August 4, 2011 at 1:35:00 AM EDT , Blogger Kadidia said...

If I understand well,one can apply to EB2 or NIW by creating an enterprise. there is no minimum investment?

 
At August 4, 2011 at 2:02:00 AM EDT , Blogger PARESH PANDYA said...

MY SON IS A DOCTOR FROM INDIA AND CLEAR STEP1 AN STEP 2 OF USMLE EXAM FOR FOREGIEN MEDICAL GRADUATE CONDUCTED BY ECFMG USA WITH HIGH SCORE. I FALL UNDER HIGH SKILL CATAGORY.TO APPEAR FOR STEP 2 CS WHICH IS ONLY GIVEN AT USA I APPLIED FOR VISITORS VISA WHICH WAS TWICE REJECTED BY US CONSULATE MUMBAI.PLEASE HELP ME TO APPEAR FOR STEP 2 CS.AS US GOVT ENCOURAGE HIGH SKILL PEOPLE FROM ALL OVER THE WORLD WHY THIS HAPPEN ?

 
At August 4, 2011 at 7:35:00 AM EDT , Anonymous Anonymous said...

I hope this would open opportunities for hiring Filipino nurses again

 
At August 4, 2011 at 10:10:00 AM EDT , Anonymous Anonymous said...

This misguided program holds the potential to be yet another route of immigration into this country that will be abused. Anyone can be a self-proclaimed entrepreneur. What oversight is planned to ensure that these individuals really do start businesses that employ others? What time frame will they be given to establish their start-ups? If their businesses fail in a couple of years, will they be sent home? And please, please don’t tell me that the Department of Homeland Security will be offering these immigrant businesses loans, at a time when the Small Business Administration cannot help with loans for most American startups. Rest assured that American citizens will be watching this one closely, and expecting full accountability from those who run it.

 
At August 4, 2011 at 11:13:00 AM EDT , Anonymous Anonymous said...

Please give relief to EB-3 Inida/China category we are waiting here more than 14 years paying tax and renewing visa. This Eb-2 Entrepreneur category should make mulitnationals to misuse the visas to start their office here with their own employees that measn cousins and relatives and self intrested people. MAKE EB-3 INDIA/CHINA at least until Year 2007

 
At August 4, 2011 at 11:37:00 AM EDT , Anonymous Anonymous said...

This is a great idea. Now, if someone could just convince the USCIS to implement it, that would be great. Overcoming the culture of no that pervades the USCIS will be the single biggest impediment to making this work.

 
At August 4, 2011 at 12:42:00 PM EDT , Anonymous Anonymous said...

The instigators, their apparatchik, the collaborators, the enemy-within, the useful-idiots...

H-1b, L-1s, OPT, J-1, B-1, lotteries, green-cards, and on and on, and on, and on, it is no longer enough to stand as a nation and compete with the world-at-large, but no, the world at large will be brought to you, so that you may compete with them in your own offices and worksites......

And you will be competing for suppressed wages, and even where qualified, will most likely be cleverly bypassed by the multi-national corporate slave owners, masquerading as U.S., sovereign entities......

We won't even talk about national security!

There are real solutions, not lies masquerading as same, but few, will even speak of them, let alone...

In a sane world, visas such as H-1b, (also referred to, incorrectly, as H1b...) L-1, etc., (We can keep the O-1, which was meant for true genius) would be suspended. Millions of our better paying jobs would be instantly made available, in America, for Americans.

Over two (2) decades of alphabet-soup visas like H-1b, etc., have decimated the tech sector, and are impacting other U.S. based jobs, such as, nursing, teaching, etc.

The rabbit hole is deep, and wide spread...I cannot possibly explain just how treasonous these suicidal policies are, and keep this comment brief.

We should also revoke some or all green-cards. Again, a massive number of American jobs would be returned to Americans.

And then there is the issue of sending our jobs offshore, often implemented by those brought to our country on visa, or those having become a green-card holder, who then coordinate the shipping of entire departments, knowledge-bases out of our country, ultimately, entire industries.

Then for the low to medium wage jobs, we can look at the wide-open borders, and the traitors that advocate a nation without enforcement of its own borders, its laws, and disinterest in its own sovereign best-interest, survival.

How, can anyone speak of returning jobs to Americans, while they ignore, or worse, condone, the continued replacement of Americans, in American offices and worksites, with foreign nationals, at a 'clip of' hundreds of thousands (we are not told the exact number! more likely, all-told, closer to a million or more...) per year?!

And yes, it is Americans who have facilitated this betrayal of Americans, by corporations, supported by a sold-out government and press.

Constantly having your leg peed-on, and being told that it is raining, is the insult-to-injury!

The instigators, their apparatchik, the collaborators, the enemy-within, the useful-idiots, are 'p*ssing' on our nation's workforce, and cheap labor, political-correctness, are their weapons of choice."

 
At August 4, 2011 at 12:44:00 PM EDT , Anonymous Anonymous said...

EB3 - Waiting for GC for the last 10 years. I pay my taxes and Social Security.

 
At August 4, 2011 at 12:46:00 PM EDT , Anonymous Anonymous said...

GET RID OF THE VISAS. THEY are destroying the STEM careers of Americans..

 
At August 4, 2011 at 12:54:00 PM EDT , Anonymous Anonymous said...

What a joke! the US has a rich history to kick everyone out of the country who does not hold a perfect legal status. I have seem first hand, that high skilled workers were turn down because employers were not able to sponsor them fairly. I mean The US makes employers very difficult to hire high skill workers. I am a citizen. I know how to play the game which is what they want, so now I do whatever I want in their court. However, the high skill people they should have granted access to work in the US and now doing international business with China and Europe making this country that much lower in the map. Continue like this USCIS until the latino power, soon kicks your butt out of office and grants a hand to those who rightly deserve it. Unlike now, those who have money. Thats how I got my citizenship, money and lawyers. Too easy, but I can vomit just to think about it.

 
At August 4, 2011 at 1:07:00 PM EDT , Anonymous Anonymous said...

Help Americans first before flooding the job market with more foreign labor. Millions of Americans are out of work because of the discriminatory practices of these foreigners. We are being discriminated in our own country.

 
At August 4, 2011 at 1:08:00 PM EDT , Anonymous Anonymous said...

Dear Mr. Mayorkas,

I have a request:

Please allow the people waiting for their Green card under EB3 category to file EB2 application under NIW.

There are thousands of EB3 category applicants waiting for their Greencard. Some wait for about 9 years. Most have needed qualifications and experience for EB2.

In my opinion, the people waiting in EB3 are qualified for NIW since once they get their green card, they will buy a house, start a small business and make long terms plans. They can not do any long terms plans right now because of this painful wait.

We made this request to you few months back in this same forum. At that time, the reply was: "USCIS cannot do anything without congress approval". If USCIS can allow Enterpreneurs to file EB2 under NIW, it has every power to allow EB3 people who wait for 9 years to file EB2 under NIW.

Please allow EB3 applicants to file EB2 (EB3 to EB2 upgrade) under the NIW category.

Thanks.

 
At August 4, 2011 at 1:22:00 PM EDT , Anonymous Anonymous said...

am not as "educated" as the folks making the decisions, but I can confidently predict that this measure won't achieve much let, especially when it comes to the economy. Wouldn't want to take up space explaining why as we all know why...lip service...overall visa backlogs..nothing happening...nothing..for other skilled or should I say nothing for the majority of skilled immigration..its been 2 yrs since hte recession officially ended..and wonder y nothing has changed..and guesses for the next 5 yrs???

 
At August 4, 2011 at 2:12:00 PM EDT , Anonymous Anonymous said...

USCIS as an organization. In fact, there are many bright, hard working individuals in that organization who are just as frustrated as the rest of us with the state of affairs that prevails. Far too many adjudicators refuse to follow policy guidance and instead pursue their own agendas. It almost seems as though they stay up all night trying to think of inventive new ways to deny applications and petitions. They folks need to be held accountable for what they do.

If an adjudicator insists on issuing boilerplate RFEs that make no sense, then the supervisor of that product line need to counsel the adjudicator and make sure that he or she shapes up. If the adjudicator can't get with the program, he or she should be fired and replaced by someone who can. The best way to combat fraud is to raise the quality of adjudications. Right now, there are adjudicators who seem to look only at the quantity of documents submitted, not the quality. As such, a lot of good cases get denied and far too many bad cases get approved.

If the USCIS became more efficient, and adjudicators really knew what they were doing, the numbers of filings would decrease. People with bad cases, who have been getting away with filing bad petitions would learn not to file. This, in turn, would decrease the backlogs.

 
At August 4, 2011 at 3:35:00 PM EDT , Anonymous Anonymous said...

A very welcome decision but it's not helping to those who are waiting for their employment based GC. I am from India, completed my Masters in Comp Science and working for a reputed company on H1B past 4 years. My employer has filed my GC in EB2 category and I now have my I-140 approved; however, i cannot apply for I-485 since the PD is not current. When will this kind of issues be resolved? I have to buy house, invest money, and start my own business but all these seem in a distant galaxy as I do not have my GC yet, i am not willing to take a risk of investing money in this country. On top all these issues, it appears American Citizens have started discriminating people from India who are highly skilled immigrants working on H1B. All the H1Bs are paying at least 30% taxes like other americans do and still have to face criticism and be blamed for stealing their jobs. I think the whole perception is wrong and govt should come out clean on this and tell US citizens that people from India do not steal their jobs; indeed, they help boosting the economy especially, in IT, helathcare and medical science. I agree, many americans have lost their jobs in this recession type situation but people from India are not responsible for this mess; in fact, entrepreneurs and businessmen in country are the ones who cheated americans by their ponzy schemes and ideas.

My sincere request here is to stop blaming people on H1B. They really help improving US economy by paying taxes by retaining jobs here in the US only.

 
At August 4, 2011 at 3:56:00 PM EDT , Anonymous Anonymous said...

The visa/work-visa/off shoring/immigration, both legal, and illegal, issue is a treasonous outrage, and the relentless lies, spin, and propaganda, by the legion shills, is the absolute insult to injury.

Because my position, against, unrestrained visa/work-visa/off-shoring/immigration, both legal, and illegal, is on the side of sanity, and the oppositions, therefore, on the side of lunacy, it is easy for me to 'shred' any of the inane pro-national-suicide posts, found above... but it is like playing whack-a-mole!

I mean, it is like arguing against auto-theft, where you are forced to debate the thieves, and their cohorts all the way down the feeding-chain, and the preceding, thief, benefactors, and useful-idiots alike, are heavily funded by the crime-lords and their lobbies, via the 'take'.

There is no financial recompense, for me, for, and those like me, to declare the obvious.

Unrestrained visas/work-visas/off-shoring/immigration, both legal, and illegal, as currently practiced/allowed, is TREASON.

Just look around you, to see the effects.

 
At August 4, 2011 at 5:29:00 PM EDT , Anonymous Anonymous said...

GUY,we are taking your world,because a lot of you ont care,i am living for 10 years in US,working harder than US PEOPLES,making nice money,paying taxes ,already i am a homeowner,i feel blesed to be here,but i am wainting so long for my Green c.,politician need to srtar work on this stuf seyrosly,it is about human been,Good BLESS America.

 
At August 4, 2011 at 8:22:00 PM EDT , Anonymous Anonymous said...

Wow, with 10% unemployment and the economy going under because of outsourcing what does Obama do? He increases the H1b outsourcing visa? This is a disgraceful action.

 
At August 5, 2011 at 12:31:00 AM EDT , Anonymous Anonymous said...

If you are not issue visa to high skill doctors from india what is the chance of success for your new policy for high skill worker? First you should ask your consulate offices in india not to refuse visa for Doctors who wish to pursue their higher study in USA.They are high skill person they are not going to stay ILLIGLE in US.There are vast opportunity in India AS WELL AS OTHER COUNTRY IN THE WORLD.Your policy decesion and actual working is not same.

 
At August 5, 2011 at 2:17:00 AM EDT , Anonymous nelson said...

The delay to obtain a green card is surely the biggest hindrance for immigrants to start a business in the US.

I rather started my business in Europe without waiting than having to wait 5 years to get a chance in the US.

 
At August 5, 2011 at 10:20:00 AM EDT , Anonymous Anonymous said...

Mayorkas needs to inform his adjudicators in the service centers that entrepreneurs are good for the economy, good for employment, do not fit a particular business model or time-line. The service centers arbitrarily define the regulations to the strictest meaning of any term, frustrating thousands of potential investors who are now going to other countries because they see that they and their money are not welcome here.

 
At August 5, 2011 at 10:54:00 AM EDT , Anonymous Anonymous said...

Dear Sir,
I don't need to know what is going on in your mind or the people around you but it is certainly in the best interest of the country and most importantly for you to channel your enegry in the right direction you may need to know what is on the minds of the stakeholders, employment category green card holders (EB). It has been a long long wait for green cards for people from certain categories / countires while people from other countires don't even need to step in the Country or wait any time to get their Green cards. People are here for longer than 10-15 years and still no Green Cards. These people know the system and they have better knowledge to do more than what they are doing now because of restrictions involved with the Green Card Applications, have limited mobility to get creative, infact it has been a stifling experience for these folks. I strongly believe in - first one in line first one out. FIX EMPLOYMENT BASED BACKLOG - it will be in the best interest of our economy. You don't need nodders you need doers and you can create them by eliminating the backlog.act now before it is too late to make a difference.

 
At August 5, 2011 at 11:05:00 AM EDT , Anonymous Anonymous said...

Dear Mr. Mayorkas,
Instead of providing legal status to the people who came to this country "ILEGELLAY", your department needs to work out a process to provide Green Cards to ALL those who came to this county LEGALLY and awaiting for their Green Cards for so many years. They are litterally tired of this waiting game. Why not increase the numbers for people who are waiting for their Green Cards under EB3 for more than 5 to 7 years. The waiting time needs to be addressed. Some highly skilled Consultants are awaiting for their Green Cards, under EB3, for 7 years, where as , in fact, they qualify for EB2 category. This is due to the mistake done by their Lawyers/Attorneys, engaged by their respective companies. Is there a process to move these EB3 people to EB2 if they qualify for EB2? Why not review the documents of these people and allow them to convert from EB3 to Eb2 , if the qualify , instead of filing the new EB2?

 
At August 5, 2011 at 11:34:00 AM EDT , Anonymous Anonymous said...

I believe that if US government will fix the work of USCIS, where no visas will be wasted and the work will be done in a timely manner, then legal immigrants will see that US immigration system is working and will have a better understanding what path and how long it will take to become US citizen. I started my path to green card in 2000 and with all the changes and inefficiency of USCIS - I am still waiting for my green card :((((
We don't need more visas, more workers, more talent - America already has plenty of that - WE NEED TO TAKE CARE OF WHAT WE ALREADY HAVE.

 
At August 5, 2011 at 1:57:00 PM EDT , Anonymous Anonymous said...

Just like "Cash for clunkers" program, why not have a "GC for economy" program? I have been waiting for my GC since 1999 and living in an apartment. I am sure many of us will be glad to invest in a home and boost the housing market, once we get our GC.

 
At August 5, 2011 at 2:24:00 PM EDT , Anonymous jjohnb said...

I'm on H1B, paying taxes, hesitant to be a homeowner or invest in a business here in US as I don't have my greencard. Now, I'm thinking of leaving this country and look for another one - maybe in one year time if the future is still uncertain.

 
At August 5, 2011 at 4:05:00 PM EDT , Anonymous Anonymous said...

Where are the JOBS for American CITIZENS? WHY is the US government importing foreign workers while MILLIONS of American citizens are out of work? The job of the American government is to help AMERICAN CITIZENS not people that are NOT American citizens. Please STOP importing over a million foreign workers every year while MILLIONS of AMERICAN CITIZENS are out of work. This is NOT about racism there are plenty of hispanic, black, native AMERICAN CITIZENS out of work. We should STOP giving out visa and citizenship to non Americans until we get AMERICAN CITIZENS jobs! Its time all businesses use Everify so that only AMERICAN citizens have jobs in AMERICA!!!!!!

 
At August 5, 2011 at 4:41:00 PM EDT , Anonymous Anonymous said...

Dear Mr. Alehandro Mayorkas,
My parents sent me to the United States to study. One of the regulations of a student visa is that my parents had to proof that they could support me and I could not work. Many years passed I got married and I am a U.S. Citizen. After many struggles I finished a master in management and have a hard time finding a job. I freelanced to support ourselves for several years. I would love to start a business again and to create jobs but I have no collateral or resources to start one. There are many people in my situation. I would love a program that help U.S. Citizens with low interest loans to start a business.

In regard to the many illegal immigrants that are working in the U.S. I believe that they should get a working visa, eventually apply for residency, and pay taxes. Many illegals are here do not pay taxes and receive all the benefits that citizens who do pay taxes get. We need to take care of our borders to control future similar situation. We depend too much from the labor of the people that are already here. In California the farmers labor affect the prices of our daily food consumption at the supermarkets. Also, in other industries that need their labor. Small businesses have a hard time hiring a full time person and pay insurance. When some small business owners need help, they hire a person for the day or for the week so that they can still be in business. The standard of living is going up, companies are sometimes obligated to let some of their staff go in order to stay in business. These employees if they get rehired in the same industry they get paid less. The companies that let their employees go then rehire to fill some of the positons for less wages. These prosedures affect the economy's labor projection for job creation and fluctuation. The fulatility of the economy has to be more stable and the only way to stablelize it is by job creation. Many unemployed people have a hard time getting hired and wish to start their own business. Not too many people have the entreprenurial ability or willingness to take risks to start a business. They need to get educated to do so and to be able to get loans for start ups. They have the willingness to work to better themselves, family, and society. That's what we need, results. We need an educated and civilized society for this to happen it has to be facilitated and encouraged. We need to trust our leaders to look after our benefit as a society and as a result we take care of each other. Many thanks for giving us the opportunity to give our thoughts. This is a fantastic idea and to my oppinion you are doing a good job by including us in your decisions.

 
At August 5, 2011 at 11:58:00 PM EDT , Anonymous Anonymous said...

i don't understand what kind of policy it is ?
how this policy going to attract high skilled immigrant.. high skilled immigrant still have to wait for 8-10 years after this policy.Its waste of time and waste of money..i agree we have to invest in other country..they dont wont to give green card to anybody..they just want us to invest and then we have struggle again for getting green card..

 
At August 7, 2011 at 10:59:00 AM EDT , Anonymous Anonymous said...

I would say that honest people suffers in u.s.a according to my personal experience.

 
At August 7, 2011 at 4:53:00 PM EDT , Anonymous Anonymous said...

Respected Sir,

Your suggestion to give skilled immigrants graduating from American universities a green card if they wish to stay back and contribute to the U.S. economy and job growth is an excellent move. However, those with Bachelor's degrees in STEM with GPAs 3.7+ should be considered too and not only those with MS or Ph.D degrees. Also, like the DREAM ACT there should be certain clauses like residency of 5+ years and good character. If only exceptionally good students are given this opportunity, the country will surely benefit. Unfortunately, a lot of wrong crowd take advantage of every good initiative and the first thing to do would be to have sound systems in place so that no fraud is encouraged and genuinely good people are considered. In my opinion, the Americans are still considered the best in the world. The problem is their work ethics are on a decline and they take their jobs too much for granted - demand more and work less. America is great because of the hard work and contributions made by earlier generations who were all immigrants. Americans are skeptical about immigration not because they are mean people but mostly because the immigration system is not fraud proof and a lot of people are here through fraudulent means. Healthy competition is good for all and if American citizens are really good they will never fear any immigrants just like their immigrant ancestors who welcomed innovation and great minds. Surveys conducted in recent years show sharp decline in Math and Science performances by American kids. Encouraging intelligent and skilled workforce will motivate the present American people to work harder and not allow their kids to be hooked on to just sports, television and video games all day long.

 
At August 7, 2011 at 5:17:00 PM EDT , Anonymous Anonymous said...

Sir,

Those on H1B should not be grumbling waiting for their green cards however long it takes because at least they have a job and an income - some or most of which is being pumped to their home countries.

There are more than a million educated and skilled people legally in the country on dependent visas including many students who have attended and graduated from U.S public schools and universities and yet do not have a work permit to work or move forward in their lives for need of finance to pursue their career goals.

If the USCIS, as first step towards improving the economy and job creation, could give work permits to all these people living in the United States last many years, it would automatically generate income and taxes as well as investments and spending. Some of the immigration laws, like in the case of dependents, forcefully enforce idleness on educated and skilled people. In short, deprives them of their fundamental right to work, education, and creativity. I hope the USCIS Director will address the plight of all these people before green cards to H1B and immigrants coming from outside the U.S.

 
At August 8, 2011 at 3:37:00 AM EDT , Anonymous Anonymous said...

If a resolution could be introduced to grant Green Cards for home-owners who are on VISA, I am sure there would be a great deal of investments coming in from the immigrants. This would indirectly create more jobs and help boost the economy.

There seem to be thousands of people who have a decent job and affordability to buy a new home but are just hanging on to the yet-to-be received Green Cards. Why would anyone want to risk their investments in an insecure place, particularly after witnessing a depression.

USCIS need to do something innovative.

 
At August 8, 2011 at 1:07:00 PM EDT , Anonymous Anonymous said...

I believe on the comments that the US government should focus on helping Americans first. Many of our children are lacking skills because they have to work instead of going to school(college), or school is too expensive for them. I believe our government should do something to help our intelligent young Americans become more skilled and better educated. And as for buinesses there are Americans with great ideas and inventions but there is no financial help to help them get started. Our government needs to help us become more efficient and allow us to help our government become more efficient. We don't need more foreigners opening gas stations and convenient stores that only hire foreigners. This only provides competition for American small buinesses to the point that they have to close down. Our government needS to come see how the low and middle class live and see the struggles we face competing with foreigners. I am writing this all by first hand, not making it up. Stop allowing more competition in our country and concentrate on us and our government needs to do something to stop our job from going to other countries. Has anyone notice who answers our customer service calls, not Americans. I was confronted by a foreign company to fire my workers and allow their company to do my customer service by telephone in Nicaraqua and I would save lots of money, because they don't pay their people that much. I said nothing would replace my workers, but I know of others that have taken their service. Why is our government allowing this?? Taking our jobs and allowing more people to come in our country and compete with the jobs we have here. HELP AMERICANS FIRST.

 
At August 8, 2011 at 7:44:00 PM EDT , Anonymous Anonymous said...

""At August 8, 2011 1:07:00 PM EDT , Anonymous said...
I believe on the comments that the US government should focus on helping Americans first. Many of our children are lacking skills because they have to work instead of going to school(college), or school is too........""
I 100% agree with this post and he is absolutely correct in what he is saying....firstly our politicians and officials should take full responsibility for this as they are running the show and not any of us......when you have a sickness you wait a few days, try everything you know and if the sickness still persists you then go see a Doctor but you don't simply sit without doing anything and that is wrong....Our Government and officials that could make things happen are simply sitting on this issue of immigration, which could endanger the supremacy of our Country around the World. INACTION is no EXCUSE....Going to back the post I mentioned fixing immigration policy means not adding more and more applicants to the system..why would you encourage people to keep on applying when there aren't enough VISA numbers in teh first place and secondly people that post these messages should be allowed to know that the EB applicants are already here for 10 to 15 years waiting for Green Cards with american born families. They are here why not give them more freedom to blossom. They can create more jobs by pumping money into this economy rather than send it to their home countries..just think ..just think...I appreciate a response as to what USCIS is doing with our posts becasue simply posting our comments may help a blogger, which we don't mind, but we would rather hear the beef not the pluff...need to hear the noise from the other side as well to make it interactive...please

 
At August 8, 2011 at 10:26:00 PM EDT , Anonymous Anonymous said...

Dear Mr.Mayorkas,

Your organization seems to have forgotten the EB3- India altogether. Just a month ago EB2-India was the beneficiary of all the spillover from EB1, about 12,000 VISAS! Is it not unfair that EB2 gets all the share of unused visas while EB3 gets none when it should be getting at least Half the share from EB1(6,000 Visas)? When are you going to allocate more visas to EB3?Is it a ploy to get more recurring fees (EAD, AP, H1B etc) from those waiting in the EB3 queue in the name of "lack of Visas"? Please do something about it. Employers are taking us EB3 folks for a ride...Please HELP!!!

 
At August 9, 2011 at 10:02:00 AM EDT , Anonymous Anonymous said...

Dear Mr.Mayorkas,

This is my opinion:
Pass a law in which one can file green card independently if he buys a home (investing in US) over 200K or 250K or what ever number you want and put a clause that they wont be eligible to sell this for atleast 5 years and you can increase the capital gain tax on all the properties like this.
This will help kick start the housing market and help economy in a big way.
Thanks,
nrp

 
At August 9, 2011 at 11:47:00 AM EDT , Anonymous Anonymous said...

Help EB3 first, people are waiting in this category for more than 10 yrs, to really help the economy all offshore activities needs to be stopped

Its not IT industry that's hurting but regular american jobs like customer service etc.. going to offshore.

Stop all offshore and you will see american boom back in action

 
At August 9, 2011 at 1:42:00 PM EDT , Anonymous Anonymous said...

This is great news. Please also kindly take steps to resolve the huge backlog for Green Cards in the EB2 & EB3 category. There are so many high skilled professional waiting for the Green cards for over 10 years. One cause of this backlog is that USCIS did not use up all the quota allocated in a year previously.If all the wasted quota can be recaptured it would help thousands of people who are waiting for their Green Cards.

 
At August 10, 2011 at 11:23:00 AM EDT , Anonymous Anonymous said...

As an Administrative Fix: CAPTURE ALL UNUSED VISA NUMBERS and fix the huge backlog in EB3 cases.

CAPTURRE UNUSED VISA NUMBERS.

RECOVER UNUSED VISA NUMBERS

CAPTURE UNUSED VISA NUMBERS

 
At August 11, 2011 at 11:57:00 AM EDT , Anonymous David - Tampa attorney said...

I think we should focus not on one particular type of entrepreneur immigrant vs. non-immigrant. I really don't like the government being involved in helping one group be successful vs. another group.

The main business administrative policy should be to make it easier for all entrepreneurs to succeed. Provide more incentive and less fear and you will get more investment. By providing the inverse you will get the inverse.

 
At August 11, 2011 at 2:51:00 PM EDT , Anonymous Anonymous said...

Dear Mr.Mayorkas,

There is a huge backlog in EB3 category. It is unfair to issue GC to people who applied 9 months ago(in other categories) while people are waiting for 9 years. Is not all labor equal in this country?

USCIS can fix this issue, by allowing EB3 applicants to upgrade to EB2 with out labor certification process (under NIW). Or USCIS should automatically upgrade the EB3 application to EB2 and issue Green card based on the visa availability at that time.

This is the one simple fix that will remove our 9 year long stress. Truly, we are living on Prozac.

If you beleive in basic human fairness, please do this.

Thanks for your time.

 
At August 12, 2011 at 12:35:00 PM EDT , Anonymous Anonymous said...

Sir,

I like to know the definition of "National Interest". Is starting a business only "National Interest".

There are many people in EB3 category are waiting for 10 years. Once they get their Green card, they will buy a house,invest in this country, start a business etc. Is not helping the backlogged applicants amount to "National Interest"?

Thanks.

 
At August 13, 2011 at 10:28:00 AM EDT , Anonymous Anonymous said...

Dear Mr. Mayorkas,

There is a pre-approved regional center provision which provides that 500k and the creation of jobs will produce a green card. I understand USCIS has delayed the adjudication process for over 7 months while substantial capital is sitting in escrow accounts? This money needs to be transferred to these businesses to creat jobs in this time of economic crisis! RFE's are being issued questioning only the validity of the econometric model approved intitially when the regional center was approved? Please do something that relates to common sense...have them move and approve these petitions!

 
At August 14, 2011 at 12:16:00 AM EDT , Anonymous Anonymous said...

Dear USCIS,

As so many people commented, Please do something to reduce the backlog in the current employment based green card categories. I'm in EB3-India group and according to some estimates, I'll get my Green Card after my retirement. Isn't it funny? The current backlog is cruel to many people and it affects so many families.
Many of us will benefit, if we just file I-485 and get a result on whether we'll be getting our GC or not. Let the GC come after 10 or 15 years. We just need to know whether we'll stay here for the remaining life or not. Knowing this will help us in investing in US economy, buying houses in US instead of sending money to the home country.

If admin fix can be done for "Encouraging Entrepreneurs and enabling them in filing in EB2 category" without a law change, I believe you can let us file I-485 when the dates are not current through another admin fix.
This has so many advantages for everyone. It ensures smooth income for USCIS through I-485 filing fees etc.

 
At August 15, 2011 at 11:41:00 PM EDT , Anonymous Anonymous said...

i think its of no use of writing all this blogs..nobody is reading this..USCIS does not have any control...its controlled by congress.they dont want to do anything for legal people..there is no income for them...we already paying tax ...they want eveeryone to invest create job...and then go back..they cant give green card

 
At August 16, 2011 at 10:34:00 PM EDT , Anonymous Anonymous said...

I am a Ca Registered Nurse who is stuck being unemployed not because of no job offer but because of visa retrogression. I have an approved petition from my employer and for 3 years now, I have been hoping and praying for my visa to become current so that I can go back to work. I also have numerous job offers almost everyday due to nurse's shortages but employers are afraid to hire me "under the table" for fear of being audited. I am a single mom and the house's breadwinner since my children who have graduated from U.S. universities are also unable to be employed legally due to our immigration status. I am struggling to pay our house mortgage and monthly bills and to keep me and my children under one roof. I hope you can help me and many others who are in the same position as we have. Thank you very much and I would really appreciate any help you can offer.

 
At August 17, 2011 at 1:59:00 PM EDT , Anonymous Anonymous said...

EB3 backlog people are paying money for EAD/AP every year. It is a steady stream of revenue. It helps the USCIS.

 
At August 19, 2011 at 1:00:00 AM EDT , Anonymous Anonymous said...

Hi,
Please also kindly take steps to resolve the huge backlog for Green Cards in the EB2 & EB3 category. There are so many high skilled professional waiting for the Green cards for over 10 years.

It would help thousands of people who are waiting for their Green Cards.

 
At August 20, 2011 at 3:10:00 PM EDT , Anonymous Anonymous said...

For the purpose of increase employment, definitely need let professionals have the exemption of showing employer-employ relationship. Most of them work only by themselves providing service, but they will hire US citizen to do the receptionist work.

 
At August 20, 2011 at 3:22:00 PM EDT , Anonymous Anonymous said...

I have a lot of new ideas want to try, I want star my own business.but I am not genius have lots of patents or several capital investment companies waiting for me. I want start small and take advantage, work harder and hope for the best. This is my dream. the difficulty of new H1B visa stopped me from doing this. how can a small startup business establish a board to show you that I have no control of the company, it is not a realistic.

 
At August 23, 2011 at 12:47:00 PM EDT , Anonymous Anonymous said...

So USCIS has powers to expand the EB2 applicantion requirement, but no power to help the EB3 backlog? We are waiting for nearly 10 years. Why are you adding more people in the queue?

 
At August 24, 2011 at 3:25:00 PM EDT , Anonymous Anonymous said...

I see lot of people here screaming about US having so many people "NEEDING" job. Just needing job does not help you. You have to be able to DO the job. Thats where the demand for immigrants to do lot of high tech work comes into picture. To maintain quality and be able to survive international competition in everything US companies need to hire the best and sadly the best are often the Immigrants. That's because only those who have skills and have mental energy to do something exceptional comes to US from India and Chine or may be even Europe. If you deny these people entry, they will find something in their home country and give you even tougher competition and then you will lose the jobs anyway because US companies wont be able to do well without skilled immigrants and they will outsource all jobs to the countries where labor is cheaper and better. Makes sense??

 
At August 25, 2011 at 2:19:00 PM EDT , Anonymous Anonymous said...

USCIS meets with ALIA regularly and answer their questions.

Why not USCIS answer our (real applicants) questions?

So many people raise may questions and none answered.

 
At August 25, 2011 at 9:47:00 PM EDT , Anonymous Anonymous said...

I agree but most states do not like to employ foreigners, regardless of their educational background, experience and qualifications unless it's something mediocre and cheap like WALMART. Some folks do not have any respect for the constitution, they make up their own state laws which if you ask me is a disgrace. "Not a native born citizen, no military status,over forty, black...good luck." I gave up trying to look for a job in my adopted state because I now understand what's going on. Tried starting my own business and that too is like pulling teeth in this State.

 
At August 30, 2011 at 8:34:00 PM EDT , Anonymous Anonymous said...

Hi
Please clear and concentrate on clearing of backlogs of EB3 for india and china.
please do not waste your resources on man hours on new policies and new secuirty measures and New picture ids etc. those are luxuries. first satisfy the necessity.
Before spending money on buying new things and new ideas first clean your house and make room for new things. Instead of making your staff busy in unnecessary documentation in form of new design of green card and EAD card.

Please clean up baclklog of EB 3 there are millions of people waiting from more than 10years for their green card. if you clean that backlog they will spend their savings and can think creative in generating emplyoment. Instead of creating new category of EB5.
what do you think with so many people stuck in backlogs and depressed You can make more people to come to this country to invest money for green card. If they see happy people here only then new investors will come in USA to invest . THINK???
So please clean your house first make room for more new categories !! otherwise things will become more chaotic .

EB3 backlog people and their families will give you blessings
Thanks

 
At September 3, 2011 at 2:06:00 PM EDT , Anonymous Anonymous said...

There are thousands of people in EB2 and EB3 category have approved I-140 and still waiting the visa number to be available so that they can submit I-485.USCIS can consider something such as let them submit I-485 then they can renew EAD and AP every year till Green card issued. that's a huge profit for USCIS, with this money you can create more jobs. The EB2 EB3s once they get EAD they can start their own business, that can boost economy and they will create more job by hiring more people. the position they leave can have other US citizen do the job therefore jobs been created.

protectionism can nerve create jobs. New businesses create Jobs. New businesses created by talented people with freedom to start business.

 
At September 5, 2011 at 6:30:00 PM EDT , Anonymous Anonymous said...

Have to wait almost ten years for adjusting permanent status, it's inhuman, US is really changed, it's not kind and fair country before we had.

 
At September 10, 2011 at 4:22:00 PM EDT , Anonymous blieblich said...

I am ready to start a business that will raise significant capital from EB5 petitioners. The problem is that my primary investor (who is US-based) is holding off on financing the business until he is certain that the regional center pilot program will be extended past 2012. (We cannot achieve our projected goals with only one year of runway.) It seems to me that extension of the program fits well with the administration's current plans to foster job growth. And it would be better to secure the program's future now than wait until a bitterly contested election is fully underway. I hope you will work to ensure renewal of the regional center pilot program before the end of the current year.

 
At September 21, 2011 at 6:57:00 PM EDT , Anonymous Anonymous said...

There are so many comments regarding EB3 back log . almost every topic has thousands of complaints and cries of people I should says victims of EB3 backlog. They cannot live life fully , as they don't know where they belong.
There are millions of them legally living renewing their papers every other year. paying taxes. and for so many years ranging 15-5 years.
I don't understand when is this director and adminstrative staff of USCIS will do something for clearing or moving EB3 backlog. what they waiting for!!!!

CLEAR EB3 BACKLOG FOR INDIA PLEASEEEEEEEEEEEE!!!!!!!!!!!!!!!!!

 
At September 27, 2011 at 10:50:00 PM EDT , Anonymous Anonymous said...

Dear Alejandro Mayorkas,

I think this is one step in the right direction. Having read the post and a lot of comments I would like to throw in my 2cents to explain why this is a good development. In today's geo-econimic landscape it is not a secret that jobs can go (almost) anywhere in the world looking for talent. In such an environment, a US company outsourcing a new projects is as same as firing the same amount of people in US. In this case, the company in question will have higher revenues in their books (and thus higher stock prices and so on..), but would not contribute a single job in US. Thus it is amply clear that growth and positive outlooks can co-exist with negative job growth. Thus is it important, more than ever, to concentrate on growth in industries and companies that contribute to the job market as well as to their bottom line. In light of this, this announcement is long due as it would allow people with good ideas to get to work and thus possibly would hire more people as ideas become more concrete products ans services. I could not see somebody arguing against the possibility of having 3 or 4 jobs in the place of none; and in doing so would not take a single job from an American (a competitor might go under, but that is different case). So I would reiterate that it is time to allow anybody in the country to follow their dreams regardless of their visa status; and in doing so allow themselves to prove their worth and earn residency and citizenship.

Personally, I'm locked away at home in US with a H4 visa and a PhD in robotics. I have been reading and developing new tools and I firmly believe given an opportunity I can prove myself (or least try) that we are indeed and asset to this country and not a liability.

So let me finish by appauding this announcement and will be looking forward to concrete action to make this a reality for lots of us.

Regards
H4 visa holder form Tennessee.

 
At October 2, 2011 at 4:01:00 PM EDT , Anonymous Anonymous said...

Hi Alejandro Mayorkas,

I don't understand what USCIS is doing to streamline the process that would help the employers and the immigrants who help the American companies to be successful.

My H1 extension was applied at Vermont Service center 4 months back and still there is no update on the case.USCIS is totally inefficient and has no accountability.

I don't even believe if anyone in USCIS would actually ever read the comments posted here. This is absolute waste of money and impedes the immigrants in contributing to the local economy.

I would like to see response from USCIS for the comments posted in this blog.

 
At October 4, 2011 at 2:37:00 PM EDT , Anonymous Anonymous said...

Dear Alejandro Mayorkas, I really appreciate this move, it's a step in the right direction. Only way to boost economy, spur job growth is when people starts spending money and current policy has kept thousands of reasonably well paid skilled workers (EB3 category) in limbo. They keep postponing their big ticket purchases like home, car, vacations, home improvements because of this. I guarantee if they get their GC you'll see improvement in consumer spending, home values in certain areas.
Regards,

 
At October 5, 2011 at 11:27:00 AM EDT , Anonymous Anonymous said...

Holders of valid, legal visas should be able to renew their visa without having to exit the country
Many workers come to the USA following all laws and regulations. They obtain valid and legal visas and come to work here temporarily.

Many of these visas, such as the H1B visa (skilled workers such as software engineers), are valid for 2 consecutives periods of 3 years. When it is time to renew, these people have to exit the country to get a stamp. Often getting stuck outside the USA while their work and home is here. Why can't we do the bureaucratic checks here in the USA? They are already in the country? Why do they have to wait a few weeks or months while someone in a consulate or embassy forwards their paper work to someone here in the USA!? Just do that same paperwork, but, from the USA. There are no security reasons; i.e. they are already in the USA.

 
At October 25, 2011 at 11:22:00 AM EDT , Anonymous Anonymous said...

The current Immigration system is outdated. Congress has plans on piece meal discussions, no action.

Based on latest census and economic conditions they have to restructure their system. Restrict people if the country already have skills. But once the person is in the country show them path rather than maze of problems at every stage.
A system based on point-system:
3~ points for advanced degree.
2~ points for each year tax year filed and no criminal cases.
1~ point for 40 hrs of charity work

25~ points for Green Card
40~ points for Citizenship.

 
At October 29, 2011 at 10:17:00 AM EDT , Anonymous Anonymous said...

I am in H1B and my employer will sponsor for EB2 shortly. I would like to buy house here in U.S. but I am not buying because of uncertainty in the green card process. Streamlining and expediting the EB2 and EB3 process will help many skilled immigrants to invest in house and business. This will overall improve the U.S. economy. U.S. is the land of immigrants and almost all the current U.S. citizens' forefathers were immigrants at some point of time. The growth and development of USA depends on attracting the best skills from all over the world. Just see the performance of kids of new immigrants. They are excelling in all the fields - science, technology, spelling bee, sports etc. Immigrants not only bring skills for present. They are also nurturing skills for the future.

 
At November 2, 2011 at 2:27:00 PM EDT , Anonymous Anonymous said...

Hi Alejandro Mayorkas,

It makes sense to me that H1B can only work for specific sponsor. But, it doesn't make sense to me that entrepreneur business owner can't work for themselves in their own business. Please give entrepreneurship some respect and support.

I read the memo about all the "power of control" of business part. May be we should not mix regular H1B with entrepreneur H1B. make a subcategory of H1B. such as "eH1B" or may be an EB6 or EB7 will works fine. Just my two cents. God Bless I can start my own business soon, freely.

 
At November 10, 2011 at 3:14:00 PM EST , Anonymous Anonymous said...

The speech about keeping the best and brightest for US growth doesn't really seem to apply - it would be nice if the speeches that were made by our leaders actually meant something.

My fiance came over on Fulbright from Turkey and came back to the US to finish his doctorate - got a job offer to teach but can't get a work visa because he must return because he can't get a waiver even though he has less than a year left on the waiver. He teaches how to understand the Middle East (something we really are lacking in right now and with difficulty in finding people to replace him)

We would benefit more by his staying but he will have to return where he can do no good in a few short months since he has no job there and will lose the good job offer that he has here. IT MAKES NO SENSE! FULBRIGHT has become an albatross around the neck due to their lack of flexiblity.

 
At November 14, 2011 at 10:58:00 AM EST , Anonymous Anonymous said...

Hello!!! Im a 40 year old engineer started a bussiness in the states and shut it down due to my visa status and 2008. I have been 8 years waiting for my greencard with a priority date still more than a year away. Nice they are working on new programs but how about they speed up the current programs. Let in the educated and capable already. Oh yeah Id get married but thats too cliche or go in illegal....oh but wait, I'm not a criminal! This just proves that when the file is filed with govt it stays filed, even the heads of the department dont care anymore. Get it together American Immigration. Did I mention that im Canadian too, 51st state and treated like a criminal. Sad, makes me want to go libertarian.

 
At November 25, 2011 at 1:23:00 PM EST , Anonymous Anonymous said...

Hello Sir Alejandro.

I hold h4 b visa and in position of vain as USA has taken "fundamental right to work" from me.
I passed out of the from best Design college of India (NIFT) and started my business in India. It worked very well... my work was featured one of top magazines(femina)... as well as lot of blogs.

But unfortunately I had to come to USA with my hubby
who got selected in Wharton business school and I had no option to follow him with my son.

Last seven years of my life went in raising kids Now they are grown(6 and 9)and I want to start my own business, I believe that I have a talent...\
and can prove myself to the world.

Do you think this right should be taken away from me??
Please please respond if you can help me take out this situation.
Can I open a company and self sponsor myself??

 
At December 6, 2011 at 12:24:00 PM EST , Anonymous Tim Love said...

They are doing the same in the UK and I have had the pleasure of working with some highly skilled individuals who have been attracted to the UK due to this. The root problem however, is that as a 'serial' entrepreneur who has set up and sold several businesses in the last few years, is tax breaks... Make it more attractive to launch new businesses and the country will reap the rewards in the additional employment and revenue it generates via cash spend.

 
At December 10, 2011 at 3:04:00 AM EST , Anonymous Anonymous said...

First Thank you so much for USA for a wonderful opportunity to work in USA.

I have few plans if i get my Green Card.

First thing i will buy a home. Even i do not get a mortgage loan from USA bank, i will get it from my home country and invest.

Second thing i could start my own business or i will learn some new technology or i will improve my skills in the existing work area. Obviously this will be a good asset to me personally at the same time good to have USA one resource who worked in USA for 6 years.

Third thing is i will have some peace of mind i might plan very better my life.

Thank you again for all Americans.

 
At December 13, 2011 at 9:30:00 PM EST , Blogger Dravid said...

Hello,

I came to US and worked for SAP and helped major Organizations implement Business Intelligence solutions. My American friend in SAP started his IT company and asked me to come and help him on the technology side to build a Business Intelligence (BI) product to offer BI benefit to mid size and small companies in US.

Unfortunately the H1B petition filed by my american friend got rejected.

The system has denied my friend to hire good talent to improve business in America.

The system should be robust to identify bogus staffing Indian companies and genuine people like my friend who's dream his to build a product and offer at low price to help mid size companies.
Why the system should deny him to help the american economy.

God bless small business entrepreneurs and United States.

 
At January 13, 2012 at 8:25:00 PM EST , Anonymous Anonymous said...

My question Sir is when are you going to look into the plight of the current permanent residents in the country now? There are not enough jobs in the US for the citizens as is, talk less of the green card holders. The physical presence requirements to maintain their residency does not allow them the opportunity to seek employment else where to enable them meet their financial commitments. US citizens do not have such restrictions if they choose to explore their options outside the US. There should be a clause that allows residents to seek these opportunities in times of job scarcity without running a risk of losing their status. They can be required to remit their remuneration or a part of back to the US to ensure that they are paying taxes. This can also offer other benefits with regard to international trade or exchange of technology. Perm residents should not need to depend on the welfare of the system or others to keep body and soul together in the US when they can be gainfully employed elsewhere and remit funds back into the system. Thank you.

 
At January 18, 2012 at 11:39:00 PM EST , Anonymous Anonymous said...

Hi guys, so now H1B can open their own business? is that true?

 
At February 16, 2012 at 8:38:00 PM EST , Anonymous Anonymous said...

Sir,
Is there any progress on approving H4 dependants to get work authorizations? It will be a great boon to a lot of qualified non-immigrant dependant visa holders out there who after having all the qualifications and with a 100% job requirement match cannot work since they are not authorized to work. And most of these candidates either have Masters or even Doctorate degrees but sit at home idle twidling their thumbs and waiting for their spouses green cards to arrive so they can work. This is truly depriving them of their very interest to work and contribute to the growth of this great nation. Imagine a company can like Intel or Apple or Microsoft or any company can hire these talent out there without even applying for kind of work authorizations, i can testify that none of these companies will turn down such an offer , since they will be saving millions in processing and legal fees and can invest that in the country's growth or even contribute to reduce our country mounting debt. Please i urge you to open your eyes and see the reality that's at stake and make every effort that you can to address this situation.

 
At March 26, 2012 at 12:33:00 PM EDT , Anonymous Anonymous said...

This is a great initiative Sir. How about an administrative fix to let spouses of H1B visa professional work ( especially the candidates who have their I-140s approved in EB2/EB3). referring to the http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201104&RIN=1615-AB92 here. Many spouses are qualified enough and also have Graduate Degrees from Universities in the USA. Most of them are women and they literally want to contribute to growth of this great country and also be self sufficient. The dependents strongly feel USA can change the direction of this weird rule where in people on H4 visa cannot work and hampers their future growth and contribution potential to the communities we live in the United States of America plus their own families. Thank you for everything you do.

 
At April 3, 2012 at 5:52:00 PM EDT , Anonymous Marc Micaló - Sal Piscinas said...

I'm from Europe and I do admire the US capacity to attract high-skill immigrants to start and grow companies and to generate wealth. My country has only attracted unskilled immigrants to build flats. Now there is no job for them and the goverment have to pay subsidies.

 
At July 2, 2012 at 4:14:00 PM EDT , Anonymous Anonymous said...

Please stop porting EB3 to EB2. Most of EB3 are from body shop companies.

What is the point of we doing masters here and serving American companies for more around 10 years. We have been waiting for green cards since years and still no sign of it. Giving green cards to highly skilled professionals with Graduate degrees from American universities will definitely improve American economy and it will retain talent in US.



-Comments from a Frustrated Highly Skilled Professional with Masters degree and 10 years of experience

 
At July 12, 2012 at 8:33:00 AM EDT , Anonymous Anonymous said...

The US government must remove the condition of being still under sponsorship even after serving 6 years under h1b. Any immigrant, who is an american graduate and finished 6 years of h1b or worked 10 years in usa, must automatically get citizenship. he/she has paid his dues by being a good citizen, contributing to the economy by paying social security, medicare and medicaid despite being an alien.

Being kicked out after finishing h1b is against american spirit. Those who have lived legally and contributed to the economy do not deserve to be citizens of the nation?

There are more than 25000 high calibre, high paying tech jobs not ful-filled by americans and cannot be ful-filled by outsiders as h1b has expired.

No body, is raising this point! Obama, is also keeping quiet on this point. The late senator ted kennedy was for this policy( legally stayed in usa for 10 years, you must get citizenship).

Is kicking out an american product a solution? We are robbed of the dream in our prime!
No body is talking about this issue.

I am trying to take this point with congress and no body is supporting my petition.

This is so disappointing and discouraging!

 
At February 10, 2013 at 11:43:00 PM EST , Anonymous Future US Citizen said...

I am currently working on H1B visa. My wife quit a nice well paid job (Fortune 500 company) just because she does not have employment authorization (was working on OPT status, and just got married). It is hard for me to support my family and she is not working. We both have Master's degree in business and we respect this country like other normal us citizens and want to pay tax. I want to request please make a provision to let H1B visa holders' spouse to give the fundamental right of work. Also, I didn't graduated with STEM degree, but I am sure, I am equally valuable for this country's future as a STEM graduate.

 
At July 11, 2013 at 4:56:00 PM EDT , Anonymous Anonymous said...

Two issues:

1. Why EB-1(c) on low salaries less than 100K can get immediate GC but not much higher salary earning EB-2. Why there is no salary constraint on EB-1 when they are highly qualified professionals?

2. Why people who have worked on H1/L1 for more than 10 years should not be given GC in a limited time frame without having to wait for indefinite time, why can't they be considered at par with EB-1 after 10 years on H1/L1?

Can USCIS itself not suggest to Congress that if somebody has legally worked in USA for more than 10 years then their category should become EB-1 to get them out of indefinite wait time?

 
At July 16, 2013 at 1:08:00 PM EDT , Anonymous Anonymous said...

Dear Mr. Mayorkas,
Re. Porting from EB3 to EB2
Porting from EB3 to EB2 is fine, but the Retention of EB3 Priority Date is grossly unfair to EB2's, in particular EB2-India, who are already waiting in line. For example, take the case of 'A' in EB3 with Priority date 2005 and 'B' in EB2 with Priority Date 2010. When 'A' applies for porting in 2011 it should be borne in mind that in 2005, 'A' was not eligible for EB2 - 'A' became eligible for EB2 only in 2011, but porting of the 2005 Priority Date makes A jump ahead of B - how is that fair to B ?
This is exactly what is happening in the case of India.
EB2 PD advanced to May 2010 in March/April 2012 and then retrogressed to Aug 2007 in May 2012.
The I-485 inventory for EB2-India, which was 12,950 in Jan 2012 was 39,577 in May 2012 per USCIS data, an increase of 26,627 over 4 months, which can only be explained by widespread porting from EB3 to EB2, retaining the EB3 priority date.
I am an EB2 from India with PD Aug 2010 and after getting as close as May 2010-Current, find myself retrogressed by many years because of unfair and illogical porting of priority dates from EB3 to EB2
I request USCIS to examine this question.

 
At August 25, 2014 at 3:47:00 AM EDT , Blogger Nam Bắc Sơn said...

They are doing the same in the UK and I have had the pleasure of working with some highly skilled individuals who have been attracted to the UK due to this. The root problem however, is that as a 'serial' entrepreneur who has set up and sold several businesses in the last few years, is tax breaks... Make it more attractive to launch new businesses and the country will reap the rewards in the additional employment and revenue it generates via cash spend.

 

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