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www.lighthousegrowthresources.com
www.uncommonwisdomblog.com
The USCIS administers the immigrant investor program, also known as EB-5. The EB-5 visa category was created by the United States Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
Through the Immigration Act of 1990 Investor Visa program, Congress enacted the Immigration Act of 1990, which includes a program permitting foreign investors to obtain permanent residency in the United States.
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Vinita Bahri-Mehra presented "Preparing for Export Success in India - A Legal Perspective" and discussed ways to achieve success while conducting business in India.
This article focuses on Indonesia’s progress in improving its policy framework for investment and asks what more can be done to attract high quality investment into the country.
Find out more at www.oecd.org/investment
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By Patricia Godfrey of Oasis Outsourcing (www.oasisadvantage.com)
Presented at the April 2012 Lighthouse Speaker Series (http://lighthousegrowthresources.com/speaker_series.html)
www.lighthousegrowthresources.com
www.uncommonwisdomblog.com
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Presentation from Florida Economic Development Council's Legislative webinar held on August 16th, 2011. The purpose of the webinar was to share the process of determining the initiatives of the upcoming legislative season, collect member input and open the door for FEDC's strategic partners to share their agenda thus far.
Investment policy reform in Myanmar, presentation by Aung Naing Oo, Director ...Carly Avery
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HR Webinar: Employee vs. Contractor: Changes That Will Impact All EmployersAscentis
Although the pandemic-related recession had a brief downward impact on gig workers overall, the trend is clear: being your own boss is a concept gaining popularity at an impressive rate. The overall number of Americans classifying themselves as freelancers rose from 53 million to 59 million from 2014 to 2020. And even the core classification of self-employed individuals (incorporated or not) has risen by 17 percent in just one year – from 8.221 million in April, 2020, to 9.651 million in April, 2021, according to the Bureau of Labor Statistics.
The rapid growth in the ranks of independent contractors has naturally spurred greater interest in the regulations surrounding worker classification – both in terms of the loss of benefits and protections for those leaving traditional employment, and the potential for abuse of the worker classification process by employers.
During the last year, the states have been brewing up their own changes in employment classification laws, led by California’s AB 5, which was passed, then repealed and replaced with AB 2257. At the federal level, with the transition to single-party control in the House, Senate (barely) and Presidency, the Protecting the Right to Organize (“PRO”) Act (H.R. 842) is making its way through Congress, and may even find a home inside the massive infrastructure bill now being debated on Capitol Hill. The PRO Act, as currently written, would include the most comprehensive amendment to the terms “employee,” “employer,” and “supervisor,” since the Fair Labor Standards Act of 1938 became law.
So how will all of these convergent changes settle out? And most importantly, how can employers plan for the expected changes on this contentious topic?
This presentation explains how US employers can hire foreign nationals on student visas (F-1) while on Optional Practical Training (OPT) and/or Curricular Practical Training (CPT). This presentation also deals with issues relating to employer's subsequent sponsorship of the H-1B visa for such employees.
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Watch the replay here: bit.ly/socialmedia-plan
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How can we take UX and Data Storytelling out of the tech context and use them to change the way government behaves?
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Succession “Losers”: What Happens to Executives Passed Over for the CEO Job?
By David F. Larcker, Stephen A. Miles, and Brian Tayan
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We ask:
• Are the executives selected for the CEO role really better than those passed over?
• What are the implications for understanding the labor market for executive talent?
• Are differences in performance due to operating conditions or quality of available talent?
• Are boards better at identifying CEO talent than other research generally suggests?
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EB-5
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Through the Immigration Act of 1990 Investor VISA Program, Congress enacted the Immigration Act of 1990, which includes a program permitting foreign investors to obtain permanent residency in the United States.
Are you interested in starting your own business? Would you like to utilize the EB-5 program for immigrant investors? Join our panelists to hear about immigration options that are available to foreign national entrepreneurs such as the H-1B, O-1, E-2 and national interest waiver, as well as receive an overview of the immigrant investor program.
This immigration seminar by Capitol Immigration Law Group will provide a step-by-step overview on how non-U.S. entrepreneurs can create and run their own companies on various types of visas in the U.S.
The speakers will discuss various the options for entrepreneurs to start their own companies from both immigration law and corporate law perspectives. The discussion will provide strategies and explore scenarios related to fulfill the visa eligibility requirements for owners of substantial interest in petitioning companies.
The speakers will also help you understand how to navigate the best approach (from an immigration law standpoint) for hiring foreign nationals for your startup if you are an entrepreneur seeking to hire non-U.S. professionals.
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This workshop will cover the range of visas available to foreign national entrepreneurs, professionals and students who wish to live and work in the U.S.
The speaker will discuss:
1) the requirements for temporary visas, such as the B-1, E, H-1B, J-1, L-1, and O-1, and the advantages and disadvantages of each;
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Similar to Immigration Incentives for Foreign Entrepreneurs (20)
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Immigration Incentives for Foreign Entrepreneurs
1. Immigration Initiatives for
Foreign Entrepreneurs
SIPA - Entrepreneurship – Idea Wave 3.0
Sweta Khandelwal
Attorney-At-Law
Principal Attorney at Law Offices of Sweta Khandelwal
November 12 , 2011
2. Agenda
Focus of today’s discussion
• Discuss availability of EB-2 & National Interest Waiver (NIW)
for Entrepreneurs
• Clarify the updates on H-1B for sole shareholders
• Highlight extension of Premium Processing to
(i) EB-1 for Executives/Managers of MNC’s
(ii) EB-5
• Explain the streamlined EB-5 process
• Educated on the increased involvement of the Office of
Public Engagement
3. So, what’s new?
On August 2, 2011, USCIS announced initiatives to promote start-ups
Entrepreneurs
to qualify for
EB-2 & NIW
• Immigrant entrepreneurs may obtain an EB-2 immigrant
visa & may also qualify for a National Interest Waiver
Sole
shareholders
can get H-1B
• Sole employee-entrepreneur can establish an
employer-employee relationship for an H-1B visa.
PP extended;
EB-5 simpler;
Feedback open
• Premium Processing extended to immigrant petitions
for executives/managers of MNC’s
• EB-5 process streamlined based upon stakeholder
feedback
• New engagement opportunities launched to seek
input/feedback to address the unique circumstances of
entrepreneurs, new businesses & startups.
4. Immigrant entrepreneurs and the EB-2
Immigrant Visa (IV)
Elaborated further
Policy changes
What is the EB-2 Immigrant
Visa
Employment-based 2nd preference
(EB-2) IV is available to:
• FN with advanced degrees
(occupation must be a profession)
• FN of exceptional ability
(arts/sciences/business)
• Must benefit US economy,
cultural/educational interests, or
welfare of the US
• FN must have a job offer
• FN’s sponsor must (usually) file a
Labor Certification with the DOL
Key Implications
The company founded/cofounded by the entrepreneur,
or in which the entrepreneur
has a stake can now sponsor
the entrepreneur’s IV/GC.
The company and
entrepreneur must comply
with all statutory
requirements
A job offer from the company
is required – a Labor
Certification must be filed
with DOL
5. Understanding “exceptional ability” &
“cultural/educational interest” and
“welfare of the US”
“I am an entrepreneur
– I must be an Ivy
League dropout, not
someone with a
degree”
• No rule of law that a specific kind
of evidence is required
• Key is the quality and relevance
of evidence submitted
“How does my mobile
application benefit the
national economy,
cultural or educational
interests, or welfare of
the US?”
• “Welfare” not defined in the
statute
• Relative concept
• Limited precedent available
• Creative lawyering works
6. National Interest Waiver
Policy Changes
• FN must first be eligible for EB-2
• FN entrepreneur will qualify for NIW
if business will create jobs for U.S
workers or enhance US welfare.
• Three pronged test to understand
eligibility for NIW
1.
2.
3.
Employment is in an area that has
substantial intrinsic merit – focus on
area of employment rather than
qualification
Proposed benefit is national in scope
(e.g. jobs created locally will also
create related jobs elsewhere in the
country)
Presents a significant benefit in the
field of endeavor identified in 1
(above)
Key Implications
No job offer is required from
any company (not even your
own)!
No Labor Certification is
required to be filed.
Entrepreneur can petition for
himself/herself and is both
petitioner and beneficiary
7. H-1B Guidance
The Neufeld Memo
THEN
USCIS issued guidance in January
2010 (the Neufeld memo) which
placed a greater emphasis on
documenting the employeremployee relationship than in the
past. This made it extremely
difficult for individuals with an
ownership interest in the
petitioner to obtain a H-1B Visa.
NOW
An beneficiary, who is the sole
owner of the petitioner
company, may be able to establish
a valid employer-employee
relationship for H-1B purposes.
Company’s right to control a sole
owner/shareholder employee can
be demonstrated through a
separate BOD that can
hire, fire, pay, supervise or
otherwise control the beneficiary.
.
8. Premium Processing
Business petitioners
may choose to pay a
special fee to obtain
expedited processing of
their cases. USCIS is
required to process the
petition within 15
calendar days.
• USCIS is expected to open premium processing
for EB-1 multinational manager/executive
petitions w.e.f early 2012
• Premium processing is currently available for EB-2
and EB-3 IV
• Premium service is not currently available for
NIW
9. EB-5
EB-5 makes 10,000 visas
available annually to
immigrant investors who
invest in commercial
enterprises that create at
least 10 U.S. jobs. Investors
may petition independently
or as part of a USCIS
designated Regional Center.
• Extending the availability of premium processing
for certain EB-5 petitions
• Implementing direct lines of communication
between the investors and USCIS
• Providing investors with the opportunity for an
interview before a USCIS panel of experts to
resolve outstanding issues in the petition.
10. Follow-up actions by USCIS
• Public engagements: with entrepreneurs and
stakeholders for input and feedback
• Modification in internal policies and guidelines:
by incorporating input from public engagements
• Internal training for USCIS staff : on the unique
characteristics of entrepreneurial enterprises and
startup companies
11. Proposed Legislation
Immigration Driving Entrepreneurship
in America (IDEA) Act of 2011
Attracting innovations and job creators: EB-1
GC for STEM
Exempts STEM Degree Holders from Cap Gap
Students can have Dual Intent
New green card category for entrepreneurs
who establish new start-up businesses either
through VC or self funded
Eliminating Employment-Based Per Country
Levels
Premium processing for all employmentbased immigrant petitions and applications,
including any administrative appeal any such
petition or application.
Increased Portability for H-1B Employees
Simplify the EB-5 visa
Latest Major Action: 9/8/2011: Referred
to House subcommittee.
Start-Up Visa Act of 2011.
Provides a 2 year conditional visa
Modifies the EB-5 Visa
Allows non-US entrepreneurs with
funding from a US investor to get
a visa to start a company
Visas available to entrepreneurs
living outside the U.S (at least
$100,000 to come from a US
investing entity), H-1B workers,
STEM graduates (at least $20,000
to come from a US investing
entity) under certain conditions
More than 160 venture capitalists
from across the country have
endorsed the proposal.
12. What’s in store?
Changing legal environment
• Shift in policy
implementation- USCIS
efforts to ensure that
“potential of existing laws
are fully utilized”
• Limited precedent
available: require a
creative and customized
approach to each case
Entrepreneur guidelines
• Explore all available
options
• Stay tuned for the
legislative updates
13. For questions, contact:
The Law Office of Sweta Khandelwal
sweta@khandelwalaw.com
Phone: 408 423 8272; 408 505 2065
www.khandelwalaw.com
14. LEGAL DISCLAIMER
The information provided is intended for informational purposes only and does not substitute for a
lawyer. This information does not constitute legal advice.
We ask that you consult with an immigration lawyer, as your facts are unique and because each
situation requires analysis from many different perspectives. We cannot be responsible if you rely
on information based on this website without the consultation of an immigration attorney.