DHS Initiatives to Promote Startup Enterprises and Spur Job Creation

Earlier this month, Department of Homeland Security (DHS) Secretary Janet Napolitano announced a plan for stimulating investment by “attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.

DHS seeks to use its resources to more quickly and efficiently process immigration applications for those who qualify for certain employment-based or investment-based immigration benefits.

The announcement coincided with the release of an updated FAQ section on EB-2 immigrant visas clarifying that entrepreneurs can qualify for EB-2 immigrant visas.  An updated FAQ section on H-1B visas makes clear that an H-1B beneficiary who is the sole owner of a petitioning company can establish a valid employer-employee relationship for the purpose of qualifying for an H-1B nonimmigrant visa.  The announcement also confirmed that it will roll out previously proposed enhancements in the EB-5 investor immigrant program.

See the press release from Secretary Napolitano’s announcement here.