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
EB1- Outstanding Researcher
We won this case for an applicant with over twelve years research experience. We were able to provide evidence to reflect the multiple contributions to the metallurgy and metal physics industry made by the applicant. He was the recipient of numerous international awards. He was also a member of many prestigious professional societies.
Profession/Occupation
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
We won this case for the applicant having over eleven years of experience in the field of semiconductor thin films and solar cells. This applicant had received a prestigious international award. We provided evidence of the criteria of this award as well as numerous recommendation letters from other experts in the field describing the competitive nature of the award. Given the level of expertise of this applicant, he was highly sought after to review for prestigious international journals in his field. This is an honor only bestowed on the very best.
Profession/Occupation
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
EB-1 Outstanding Researcher approved for MS in EE and Telecom. Engg.
We filed an EB-1, Outstanding Researcher petition premium processing for the beneficiary who qualified based on her extraordinary contributions in applied sciences. Her substantial and highly innovative contributions paved the way for commercial manufacturing of flexible displays by major, well-known display manufacturing companies. The beneficiary’s commercialized research was well documented. She has over eight years of research experience in the nanotechnology field producing a multitude of patents.
Profession/Occupation
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
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.
Profession/Occupation
Green Card
EB1 - Outstanding Researcher
We won this case for an applicant with over nine years of research experience. His Ph.D. work was highly regarded throughout the industry. The applicant provided evidence of his extensive publication record with over 30 publications. Experts noted that his work was innovative and contributed largely to the research community.