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Margaret W. Wong, Esq.
Margaret W. Wong & Associates, Co., LPA
August 3, 2011
In light of the recent debt woes facing our country, it is
refreshing to see that United States Citizenship and Immigration
Services (USCIS) is taking action to help make it simpler for
prospective immigrants to apply to invest and build businesses in
our great country. Immigration policy can have a profound effect on
our nation’s economy and job growth. It is essential that we attract
the best and the brightest from abroad. The announcement by USCIS
Director Alejandro Mayorkas of a series of initiatives to make it
more efficient for USCIS to adjudicate certain business-related
immigrant petitions is a welcome development for those of us in the
field of immigration law. It should be viewed as a welcome
development by all Americans, because it will promote employment and
increase investment.
The new initiative by USCIS will cover H-1B temporary work visas,
EB-2 National Interest Waivers and EB-5 investor green card
petitions. H-1B visas are for foreign employees in “specialty
occupations. According to the new clarifications, foreign
entrepreneurs will qualify to receive H-1B visas. Previously, this
was generally not possible, because entrepreneurs did not have the
requisite employer-employee relationship. The new clarification
allows entrepreneurs to apply for H-1B visas, where previously they
would have been required to apply for E-2 visa or to seek EB-5
permanent residence, which requires an investment. This will allow
more immigrants to create jobs here.
EB-2 National Interest Waivers are granted to foreign workers
seeking employment in an area of intrinsic merit to our national
interest. These waivers are vitally important to our country’s
progress in the arts, sciences and business. USCIS’s plan aims to
make the application process smoother and more efficient.
Enhancements to the EB-5 Immigrant Investor green card program will
allow those who are able to invest $500,000-1,000,000 and create at
least ten jobs in the United States. EB-5 applicants will also have
the option of requesting Premium Processing of their immigrant
petition, which significantly expedites processing in exchange for a
fee, and can be instrumental in whether an investor with time
deadlines chooses to invest in the U.S. Additionally, the potential
implementation of an opportunity for applicant interviews will
significantly help clarify who is most deserving of EB-5 status.
I welcome these new initiatives to reduce barriers for job-creating
immigrant entrepreneurs and investors and wish the USCIS the best in
successfully implementing these plans. The new business-friendly
initiatives will complement the July 17th Immigration and Customs
Enforcement (ICE) Memo by Director John Morton, which outlines a
framework with which ICE officers and prosecutors can exercise
discretion with regard to deportations, so that ICE can focus on the
most important removal priorities, to help our country continue to
progress as the great melting pot it has always been.
Margaret W. Wong is the co-chair of NAPABA’s Immigration Committee,
is an Ellis Island Medal winner, has been rated an Ohio Super Lawyer
and Ohio Leading Lawyer, and is a member of both the Ohio Women and
Ohio International Halls of Fame.
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