Matthew Myers on LinkedIn: USCIS Update to International Entrepreneur Rule (2024)

Although I do not usually post about approvals as routine for us, I am particularly excited to report about a recent EB-2 National Interest Waiver (NIW) approval for permanent residency, which was approved in less than a week!Some key points:- National Interest field: business development and job creation in the areas of clean energy and energy transition- E-2 Treaty Investor employee of a multinational company pursuing EB-2 NIW as a Self-Petitioner- Non-Academia Qualifications: MBA degree and many years of relevant experience. USCIS historically favors academia (ex. PhD researchers with many peer-reviewed publications) especially in STEM for EB-2 NIW, but we have recently experienced a significant amount of success with non-academia, where we can document a significant economic impact via job creation in an area of public importance.- Standard government processing times are often 1-2 years, although we filed with 45 business day (9 week) premium processing. These cases are highly discretionary, so legal challenges are not uncommon, which is why the approval within 1 week is especially significant.Myers Immigration Law

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Update & Considerations re: H-1B Ownership of Sponsoring EmployerSelf-employment is generally not permitted for purposes of H-1B Specialty Occupation visa qualification. An employer/employee relationship must generally be established for work visas such as H-1B, TN, E-3, H-1B1, etc., which is generally shown through minority ownership at most and another's ability to hire, fire, and control the work of the international professional.It's generally always been fine for H-1B beneficiaries to own 49% or less of their sponsoring U.S. company. Sometimes relatives own the other 51% as a workaround as the H-1B petition does not currently inquire as to ownership by relatives.Additionally, for now under the Biden Administration, USCIS FAQs indicate that a majority owner of a U.S. company MAY be approved for H-1B status, although it's important to note that past administrations required a significant amount of proof of the employer/employee relationship (i.e. establishment of an independent board of directors with the power to fire, control the owners work, etc.) or did not allow this arrangement (i.e. a consideration for future H-1B visa renewals). USCIS could return to these prior policies at an inopportune time.Below is USCIS's answer in a larger H-1B FAQ which leaves out the above crucial consideration, along with the currently proposed rule referenced below would restrict the definition of H-1B, but potentially expand other options for international students and professionals.Q. I have a controlling interest in a company. Can this company qualify as my petitioning employer to sponsor my H-1B status?A. A company in which you have a controlling interest – meaning, you own more than 50% or have majority rights – may qualify as your employer and may petition for H-1B status on your behalf. In this scenario you would be both an owner of the petitioning employer and a beneficiary of the petition (a “beneficiary owner”).Previously, more restrictive requirements on employer-employee relationships between H-1B petitioners and beneficiaries may have resulted in H-1B beneficiary owners being ineligible. However, in 2020 we rescinded the 2010 policy memorandum, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements,” which impacted such eligibility. See theUSCIS Policy Memorandum(PDF, 379.71 KB).TheOct. 23, 2023, Notice of Proposed Rulemaking (NPRM), Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers,proposed to codify the ability of beneficiary owners to obtain H-1B status. Myers Immigration Law

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Beginning August 19, USCIS will start accepting applications for Parole in Place for spouses of U.S. citizens who entered illegally and have remained in the U.S. for over 10 years. Parole would allow spouses to adjust status to permanent resident status without having to leave the U.S. and apply for a waiver (i.e. pardon) for their illegal entry.It’s recommended to apply as early as possible after August 19 to maximize likelihood of approval before a potential change in administration.Myers Immigration Law will be consulting on how to prepare for this process and assisting with the preparation and filing of these applications. Although our focus remains business immigration law, we are well equipped to handle novel processes that facilitate a family-based immigrant petition and adjustment of status with which we can also assist.Please contact our office with any questions or to schedule a consultation here: (210) 640-6424, info@myersimmigration.com, https://lnkd.in/gn3VVMqf

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UPDATE for international University graduates requiring Waivers of Grounds of Inadmissibility (i.e. pardon for past immigration violations) when seeking temporary nonimmigrant visas or immigrant visas (i.e. green card or permanent residency) at a U.S. Embassy or Consulate abroad.Effective today, July 15, 2024, the Biden Administration updated the U.S. Department of State's Foreign Affairs Manual (FAM), which is the manual followed by Consular Officers at U.S. Embassies and Consulates outside of the United States, to direct them to "consider cases where the applicant has graduated with a degree from an institution of higher education in the United States, or has earned credentials to engage in skilled labor in the United States, and is seeking to travel to the United States to commence or continue employment with a U.S. employer in a field related to the education that the applicant attained in the United States, to have a positive effect on U.S. public interests" when reviewing an application for a Waiver of a Ground of Inadmissibility (i.e. a pardon for past immigration violations including illegal entry) connected with a temporary nonimmigrant visa application.As an example, DACA recipients who first obtain an Advance Parole Travel Document (the backup plan if unsuccessful) may be able to apply for work visas such as the H-1B Specialty Occupation visa or the Trade NAFTA (TN) visa for Canadian and Mexican professionals or apply for an employment-based immigrant visa (i.e. green card / permanent residency), if they graduated from a U.S. University and will work in their field.It's riskier for undocumented noncitizens living in the U.S. who do not have an Advance Parole Travel Document as the backup plan, as waiver applications remain highly discretionary, and a denial could mean the inability to return to the U.S. However, international professionals who attended college in the U.S. who are currently outside of the U.S. without the ability to return may consider this as an option to apply for a visa and waiver to work in the U.S.Here's a link to the FAM with italicized updates: https://lnkd.in/gWwAU_EuContact our office for case-specific questions at (210) 640-7424 or info@myersimmigration.com, or you can schedule a consultation directly with me here: https://lnkd.in/gn3VVMqf

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I’m noting a rise in popularity of residency and citizenship by investment programs in countries other than the U.S., often through a purchase of real estate, along with a corresponding rise in people taking advantage, as a result of which I decided to make this informal post. Although some of these programs no longer exist, I have personally handled through partnership with vetted local counsel:- residency by investment or economic solvency cases in the United Kingdom, Canada, Portugal, Spain, Italy, Mexico, Turkey, and South Africa.- citizenship by investment or donation in Grenada, St. Kitts & Nevis, Dominica, Antigua & Barbuda, Malta, Cyprus, and Turkey.I have also helped multinational countries secure business visas and work authorization for employees on assignment to countries across Latin America, the Caribbean, Europe, and even Iraq.When we help with these cases, we help determine what the client actually needs (if anything) to facilite their international travel plans based upon their current citizenship(s) and plans in the destination country(ies) to develop a global emigration plan. We also have vetted counsel around the world which minimizes the potential for frustration and often offers negotiated rates with our involvement, and we also know how to “speak emigration” which saves unnecessary time and money by asking the right questions. Most importantly, we are fully transparent about all aspects from start to finish.For example, I consulted with someone recently who paid $15,000 to a local agent in one country, who subcontracted to local counsel in another country and received a $10k referral fee from the government. That local counsel would generally charge $5k if you engaged them directly and let them keep that $10k referral fee from the government. This arrangement is common in the Carribean citizenship by donation programs.I also often hear stories from new clients who have collected immigration statuses and passports unnecessarily or after dealing with several different frustrating advisors who took advantage. I am even happy to consult on the above and refer directly to local counsel where it makes sense to cut me out as a middle man, because at the very least, I want to help someone get with trusted counsel and avoid the scam artists.Myers Immigration Law

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