US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
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Can H-1 Visa Workers Do Business in the USA
Can H-1 Visa Holders Do Business in the USA?
A community discussion
I-941, Application for Entrepreneur Parole
Form I-941, Application for Entrepreneur Parole, is for entrepreneurs to: (1) make an initial request for parole based upon significant public benefit, (2) a subsequent request for parole for an additional period, or (3) file an amended application to notify USCIS of a material change.
DHS Announces Continuation of International Entrepreneur Parole Program
Release Date
05/10/2021
Program Will Provide Opportunities for Foreign Entrepreneurs
O-1 for Pharmaceuticals Scientist
We have received an approval for an O-1 for a pharmaceuticals scientist employed by a small company. The case was approved without an RFE where we clearly showed the advanced nature of the work and the qualifications of the beneficiary. The outcome of O-1 visa petitions is always unpredictable, and, as a practical matter, more so where the employer is a very small company. Despite its size, the company was engaged in highly specialized and advanced level work. In addition to the beneficiary’s qualifications, the nature of the work was probably decisive in tippi
Status
O-1 approved
Nonimmigrant Visas
Profession/Occupation
DHS Publishes Final International Entrepreneur Rule
The Department of Homeland Security (DHS) published a final rule to improve the ability of certain promising start-up founders to begin growing their companies within the United States and help improve the nation’s economy through increased capital spending, innovation and job creation.
New "Visa" for Entrepreneurs - Significant Public Benefit Parole
USCIS is in the process of implementing a proposed “significant public benefit” parole program for entrepreneurs. This is one of the executive actions on immigration announced by President Obama on November 20, 2014.
USCIS states:
Under this proposed initiative, and based on the USCIS’s existing statutory parole authority, Department of Homeland Security may extend parole, on a case-by-case basis, to eligible founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:
EB1 Outstanding Researcher Ph.D. in Experimental Chemical Physics
We won an EB-1 Outstanding Researcher case for an applicant with a Ph.D. in Experimental Chemical Physics filing under Premium Processing. The case was decided within two days of submission. The applicant had over eleven years of research experience and an abundance of publications as a result of his extensive list of original findings. As a result of the multitude of publications in prestigious, international scientific journals, the applicant’s work was also extensively cited.
Profession/Occupation
Green Card
Ph.D. in Immunology/Microbiology and Immunology – EB1 OR Approval
We have won a case for a Ph.D. in Immunology for EB1, Outstanding Researcher following an elaborate Request for Evidence. The applicant had extensive research experience in the following areas: Pathology, Biochemistry, Molecular Biology and Immunology. USCIS requested additional documentary evidence to support the initial evidence that the applicant qualified based on his acting as judge of others’ work, numerous publications with accompanying citations as well as substantial evidence of “original” scientific contributions.
Profession/Occupation
Green Card
PERM Approval after two denials
It is HIGHLY unusual for a PERM case to have such a convoluted history, but here is one where success came after two denials.
Team Notes
Santosh Pisharody
Profession/Occupation
Agency
Green Card
USCIS Updates Guidance on the International Entrepreneur Rule
Release Date
10/10/2024
USCIS updated guidance on the International Entrepreneur Rule in the Policy Manual to clarify the required triennial increase in investment, revenue, and other thresholds, and to clarify how USCIS arranges biometrics appointments for certain applicants.
USCIS Form Update - I-941, Application for Entrepreneur Parole
USCIS recently updated the following form:
Form I-941, Application for Entrepreneur Parole
10/01/2024 01:14 PM EDT
Edition Date: 10/01/24. Starting Jan. 27, 2025, USCIS will accept only the 10/01/24 edition. Until then, you can also use the 05/06/24 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
EB2 - National Interest Waiver
We won a case for National Interest Waiver a Microbiologist holding a Ph.D., 12 publications and over ten years research experience. We were able to provide evidence of a strong national interest through numerous letters of recommendation from leading scientists. This applicant had an international reputation in his field.
Profession/Occupation
Green Card
EB1 - Alien of Extraordinary Ability
We won a case for Alien of Extraordinary Ability in environmental sciences with 9 publications, numerous “invited” committee memberships, a judge of the work of many other leading scientists and considered one of the leading experts in his field. We were able to provide evidence to show that his work was innovative and pioneering.
Profession/Occupation
Green Card
EB1 - Outstanding Researcher
We won a case for Outstanding Researcher a Cellular and Molecular Biologist with 8 prestigious awards, professional society memberships and multiple letters of recommendation from leading scientists. We were able to provide evidence to show extensive contributions to the field of cancer research.
Profession/Occupation
EB1 - Outstanding Researcher
We won a case for Outstanding Researcher a Physicist with 11 years research experience. He had 17 publications, a Ph.D. in solar cell research and numerous letters of recommendation from leading scientists around the world. His skills were noted by experts as being scarce in the field .
Profession/Occupation
Green Card
EB2 - National Interest Waiver
We won this case for an applicant with five years research experience. The applicant was able to secure a very strong letter from the National Science Foundation director which detailed the innovative and pioneering work of the applicant. It was noted that his skills were critical for an initiative developed by the Foundation. We also offered evidence of his strong Ph.D. work as well as his publication record.