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08 November 2011

Ensuring that International Entrepreneurs Continue to Create Jobs Here in America

Posted by Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services

Yesterday morning in Nashville Tennessee, I participated in a panel discussion co-hosted by the Nashville Area Chamber of Commerce and the Partnership for a New American Economy on the economic benefits of smart immigration policy. Nashville has become a magnet for entrepreneurs and innovation, and highly skilled immigrants play an important role in the area’s economic growth. The community and business leaders I heard from, said that we need to encourage the best and brightest foreign talent to work and remain in the United States.

As the Director of the agency that oversees our nation’s legal immigration system, I know, firsthand, the important role our immigration policy can have on our economy. U.S. Citizenship and Immigration Services (USCIS) has worked hard to help realize the full potential of existing immigration laws. To do that, we need to leverage our immigration laws to make sure that the next generation of international entrepreneurs continues creating jobs right here in America.

Recently, USCIS announced a series of initiatives to encourage economic growth through our immigration policy. We are making important changes in the way we adjudicate cases in the EB-5 immigrant investor program, a program designed to create jobs in America. We launched the Entrepreneurs in Residence initiative to help ensure that our policies and processes reflect the realities of the businesses we serve by bringing industry expertise in-house. Just last week, we also began offering a new filing option for businesses filing for multiple L intracompany transferees to streamline and improve the adjudication process.

These initiatives, and our efforts to streamline our visa processes, are key components of a government-wide effort to encourage the best and brightest foreign talent to work and remain in the United States. We look forward to continuing to find opportunities to further our mission and do our part to advance American opportunity and prosperity.



At November 8, 2011 at 2:38:00 PM EST , Anonymous Anonymous said...

Dear Sir,

Many EB3 applicants are waiting for more than 9 years to get their Green cards. They are ready to invest in America. They are ready to start a new business and buy a house.

These days, EB3 backlogged applicants are filing a new application under EB2 category (EB3 to EB2 upgrade)to speed up their Green card processing.

The problem is, once EB2 I-140 application is approved, the applicants need to contact USCIS in many different ways (phone/regular mail/infopass/Service request) and get their pending I-485 applications updated with the EB2 status.

Can USCIS please streamline the processing of EB3 to EB2 upgrade applications?


At November 9, 2011 at 2:50:00 PM EST , Anonymous Anonymous said...

Dear Sir/Mam

i am another person like above waiting for the approval of our I-485 applications(EB3 to EB2 upgrade). i have already purchased a home in 2010 and wish to contribute to US economy in as many number of ways as possible.
please give a thought to have the process streamlined so that all can be benefitted.
Many Thanks and Long Live Amercian Dream

At November 9, 2011 at 5:40:00 PM EST , Anonymous Anonymous said...

Dear Mr.Mayorkas,

The Injustice done to EB-3 India applicants is severe and they are paying a big price. lot of people still on H1B Visa eventhough they have approved I-140s

EB2 qualification of MS in USA with 0 experience is the culprit. Raising the EB2 bar to MS education with atleast 2 years education would be better because just an MS does not qualify you to be a professional in anything. But sadly MS education with 0 years of expereince is the holy cow which no one can touch and hence we have students coming to USA for studies and studying for 2 years and then applying for H1B and then immediatley applying for GC. So within 2.5 to 3 years that student is standing in EB2 line ahead of a EB3 person who filed for GC in 2002 and has 10 -15 years of experience and teh student will even get GC before that 15 years experienced person while the 15 years experienced person wil have to wait for 30 years to get a GC.

Adding to this EB3 India is not receiving any spillove for the past 3 years, due to the Visa spillover law change by USCIS EB-2 spillover should be equally divided, that USCIS can do with a policy memo. I will always ask why You are not doing this after knowing EB-3 India people from 2002 priority date with great experience are waiting? Please do some relief Please stop EB-2 India on 2008 first quarter and divert the spillover to severely backlogged EB-2 India. God's sake you save lot of families on waiting, with uncertainity other wise as NAFSa's assumption. EB-3 India applicant may wait for a 70 Year! this is not good Sir.

At November 10, 2011 at 5:12:00 PM EST , Anonymous Anonymous said...

Dear Sir,

I like to add my comments regarding EB3 to EB2 upgrade issues that we face.

EB3 applicants are waiting for 9+ years. They have no chance of getting their Green card in their lifetime so most of them upgrade their application to EB2.

Our Eb3 applicantion was already approved by various agencies. Because of bad luck we need to file one more application under EB2. USCIS knows that these Eb3 to EB2 upgrade applicants are in their job for more than 10 years and they are well qualified for EB2 compared to some EB2 applicants who apply with 0 year of experience.

My request is, please make the EB3 to EB2 upgrade process simpler & faster.

USCIS cannot make law changes to help EB3 backlog. But you can help us in the EB3 to EB2 upgrade process.


At November 27, 2011 at 9:46:00 PM EST , Blogger cobtree said...

I like many individuals, hold an E2 investment visa and it has become an absolute nightmare to extend status whilst in the USA or to extend the visa itself back in ones home country. Yet, I have over $1 million in equity investments that form a vacation rental resort in upstate NY.

The amount of paperwork and documentation required to be submitted with an application is simply gruesome.

Moreover, the E2 visa currently has no route to a green card (Ever) no route to US citizenship (Ever) and yet, E2 investors collectively have a huge investment in the USA, create wealth and create jobs. This is to say, the E2 Treaty Investor Visa is the only US Immigration Visa that requires a substantial investment in the United States that does not lead to Permanent Residency better known as a “Green Card”.

There are an estimated 100,000 E2 businesses in the US employing close to 750,000 US citizens.

In these times of economic hardship,many E2 visa holders are nervous and afraid that their applications for extension of status or Visa renewal will be denied by the USCIS service centers especially, if the business may be considered marginal during the economic downturn at this time and, even though the business may actually still be turning an actual profit!

My immigration attorneys have informed me that many visa renewals are being denied by the consulates in the E2 visa holders home country and that many extensions of stay are being denied by the USCIS in te USA leaving the investors high and dry and in many cases, they have to leave the country leaving behind their investments here!

It is so important for the United States to attract and retain foreign investment to create ongoing employment and wealth and I urge the USCIS to consider making it a little "easier" for E2 visa holders to extend their status whilst in the USA and their visa renewals back in their home country too.

I also urge the USCIS to consider the possibility of changing the rules to allow E2 investors a route to a green card and subsequent US Citizenship especially, if they have lived for many years in the USA and raised their families here.

Thank you.

At November 30, 2011 at 10:36:00 AM EST , Anonymous Anonymous said...

Dear Mr Mayorkas,

In 2003 a renowned financial services company with over $4bn in assets under management tried to hire me into the USA on a 3yr H1-B VISA.

8 years later I still remain "banned for life" from the USA for apparently making a "material misrepresentation" on my VISA application. Three separate immigration lawyers have reviewed the case and said there is no wrongdoing on my part.

I am an entrepreneur who since June 2004 has come up with a solution to something that had eluded MIT and Harvard for decades, despite their prestige and funding.

Would this new approach to entrepreneurs help someone like me?

At December 2, 2011 at 8:50:00 AM EST , Anonymous Zoe Adams said...

Dear Director Mayorkas,

I would also like to add my hopes for changes to come about with the current E2 Treaty Investor Visa, so that it was possible to apply for Green Cards if you had reached certain criteria.

I actually spoke to you during a 'Conversation with the Director' back in August about this and you encouraged me to carry on speaking with our contacts in Congress.

Everyone, though, seems to be saying that as we knew the terms of the visa when we came to the US, we should not be asking for change. Surely though if change would benefit all concerned - the visa holder and the US Economy - it should be considered. Does change never taken place in other immigration situations?

The E2 Treaty Investor Visa program has had virtually no changes since it came into being in 1952. In 2002 there were provisions made to allow Spouses to work outside of the E2 business, but as far as I believe, nothing else.

Many E2 Treaty Investor Visa holders would invest so much more and create jobs for more US citizens, if they had a secure future.

There is so much talk in Washington and all around the country at the moment about job creation - this would be an easy fix for people who are already here and keen to expand their businesses.

Please consider us when you are looking for ways to better job creation and give us a chance.

Zoe Adams
Co Founder of

At December 5, 2011 at 9:02:00 PM EST , Anonymous Anonymous said...

Dear Mr.Mayorkas,

EB2 Applicants are waiting for so many years. As you are aware the positions and Qualifications are specially deemed for the Position. I am personally a PHD holder and Dual master completed with 10 years of experience. My Job required me to file for EB2 but I am waiting for years because , EB3 People are jumping the line and getting ahead of me. I am not blaming a single country but policy should be strict to make sure that EB3 Applied pettition are go into AUDIT Every single TIME and they are not adjucated unless they are through.

Most of the time the fraud is 90% of the cases where the EB3==> EB2 conversions are happening.

Please look into the issue.

At December 6, 2011 at 2:24:00 PM EST , Anonymous Anonymous said...

This is unfair.EB3 category is not all moving and waiting for 9 yrs .that is testing patience of educated people. who ever applied on 2002 and 2003 under EB3 they are financially very strong and they can easily contribute to grow economy .

finally instead of stopping HR3012 ,they can stop onsite/offshore that all of us get jobs easily.

please do not allow offshore companies ,currently they are holding all USA jobs.that is not correct and we need to change law for offshore companies not with HR 3012 waiting 9yrs period.

At February 22, 2012 at 1:00:00 PM EST , Anonymous Anonymous said...

I am in EB3 India category and Did my MS. My employer thinks the process of upgrading is complex and risky. After waiting for 8 years one wouldn't want to risk the lifetime wait. Now, what was the fault of EB3 guys?. They are in the JOb for 8+ years and it clearly makes sense that they are experienced and most of them are here for long and want to invest in homes but can't really buy one because of uncertainity. I know no one will even read this comment or bother about it. But like to share to light my frustration.

At May 16, 2012 at 4:16:00 AM EDT , Blogger Manoj Kansara said...

I am on H1B visa now, eligible for EB3 category in GC applicaion. I am B.COM. from India with 20 years' experience. Which master degree should I get in USA to apply under EB2 category for GC?

At November 5, 2012 at 5:16:00 PM EST , Anonymous Anonymous said...


I am a Canadian citizen currently in the USA on treaty investor (E2) visa under a LLC. (AI LLC). visa Issued in Toronto in 2011 and Visa expires in 2016 .

here are my questions:-

1. i am in the process of buying another business under a different LLC while still mainting AI LLC on which the E2 visa was issued in 2011.

What needs to be done, if anything?

i am trying to follow proper prcedures and hopefully you will be able to assist me in doing so.

thanking you in anticipation

At January 3, 2013 at 9:51:00 PM EST , Anonymous Anonymous said...

Backlog of EB-3 India is very unfair with many families waiting as long as 15-20 years. Several highly experienced people have either gone back or moved to another friendly countries who value such talent. Things have changed globally whereas US is still way behind with outdated immigration laws.

At December 9, 2013 at 3:37:00 AM EST , Anonymous Raymond D said...

Yes, its quite easy for entrepreneurs to quickly look offshore at cheaper options for cutting costs especially as the internet has become faster and faster however, one thing I found was complaining about the "rogues" out there - that are setting up operations where they are clearly taking advantage of people. Did you know its very hard to lay complaint from offshoire.. especially where the governments themselves at the local level are corruptable. The FBI wants complaints in writing, many will not work over the phones .. but hello, we are offshore! The embassies have other concerns than rougue operators using fake charities (tax free) and call centres to collect money etc. I give up.

At October 30, 2014 at 2:29:00 AM EDT , Anonymous Alex said...

Yes, its good news for Entrepreneurs and job seeker in America.
I want to appropriate this new law who to create an opportunity and career for business.



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