August 2nd USCIS memo changes everything for aspiring entrepreneurs..
USCIS made a very surprise announcement on August 2nd that allows aspiring entrepreneurs to start their single-person startup in the US and at the same time qualify to apply for a green card under the EB2 category or get an H1-B visa. This is for ANYONE out there that qualifies for the H1-B or EB2 and wishes to start a business.
For the thousands that are waiting in the line for an EB3 visa or have an H1-B visa but want to start their own business. This has been a very sore point that we all know about and I’ve written about on this blog many times. For those that have followed this issue for years, August 2, 2011 marks a VERY VERY important step forward.
Long story short, if you really want to start your business, now there is nothing stopping you from doing it. Read the USCIS post carefully, consult with an attorney and get going! It’s imortant to consult with an attorney because the process of qualifying for it and establishing the employer-employee relationship that is required for this route is NOT CLEAR and most of us are confused about it. It’s so new that there are no right answers at this point but experienced attorneys have dealt with it and can recommend the right way to handle the petition.
USCIS is really making some strides. Hats off to Secretary of Homeland Security Janet Napolitano and Director of USCIS Alejandro Mayorkas for coming up with PRACTICAL solutions that make sense for the country and are possible to implement immediately outside of major changes to the law.
As immigrants, knowing that the possibility of running our own business is out of limit forces us to curb our creative side and limit our option to the corporate career. Break out of that mode today. Let your imagination run wild and chase your dreams!
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August 16th, 2011 at 7:12 pm
Hi Srini,
When they say single person start up, does the enterprenuer need to invest 500k to 1 million?
Thanks
Lakshmi
August 16th, 2011 at 8:47 pm
Based on initial interpretation of the memo, it appears that there is no such limitation and the EB2 route to entrepreneurship is independent of any such limitations. The only rule is that the candidate must be EB2-qualified and the startup should benefit the United States. More clarity is likely to happen in the coming weeks. Feel free to post your comment on the original USCIS post - the more the better, so they know there is demand for this kind of option.
August 22nd, 2011 at 8:25 pm
hello,
I read http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=93da6b814ba81310VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD
I have several questions and some advice:
1a.does the EB2 entrepreneur need to be employed prior to applying? it seems this EB2 is employer sponsored so someone on h4 would not benefit from it, correct? (Q5:”Entrepreneur will be working for a U.S. employer who files a petition on the entrepreneur’s behalf”).
1b. so unless one has national interest waver, he/she must have an employer willing to sponsor his entrepreneurial EB2?
1.c what employer would sponsor someone for a Green card knowing that this someone will have the ability to leave and open his/her own business as soon as the Green Card arrives?afterall the benefiter is demonstrably an entrepreneur! Am I correct or am I missing something again?
2. if we need a labor cert, then probably an internet based company (the example given) will not qualify the entrepreneur since the market is saturated with people looking for work in the internet field. Did I mis-understand?
3. membership in professional associations? I saw an EB1 denied because the membership in the most prestigious association in his field did not show a requirement for exceptional abilities. being a paying member of IEEE or any other thing will not qualify the candidate for this criteria.
the membership must be in the level of or above “honorary member” in IEEE, etc. A publisher of IEEE is considered EB3 level and does not show extraordinary abilities. (if you publish and you have an N factor that is really remarkable, this means your articles are referenced by other articles so many times, then may be you have a chance). are Eb2 requirements for publication as stringent as Eb1?
4. 8 CFR 204.5(k)(3)(ii).criteria c “(C) A license to practice the profession or certification for a particular profession or occupation”. does it have to be a US license (board of something in the US)? in other countries, there may be no board and the certificate (bachelors) may be itself a license to practice the profession. what do you think?
Thank you
August 31st, 2011 at 7:45 am
Why USCIS keeping quite about EB-3 India. is there any relief for EB-3 people at least to file I-485 for people missed the July 2007??? and I-140 is approved and more than 10 years in USA still renewing H1B visa..facing night mare RFEs????
December 15th, 2011 at 4:24 pm
The EB2 dates have moved to 1st Jan 2009 both for India and China.