On August 02, 2011, both Homeland Security Secretary, Janet Napolitano, and the United States Citizenship and Immigration Services (USCIS) director, Mr. Mayorkas announced that they are going to promote start up enterprises and entrepreneurs. Yes, America cant continue living on debt forever, yes, we need highly skilled people to come and create jobs in the US. Tell that to the legislature that just raised the debt ceiling, and they will unequivocally say no to any immigration legislation right now. Note, the CIS cannot make laws. There are certain things that they can do, but will they?
The initiative says it will clarify when a new business can hire an ‘entrepreneur” in a new business when the company is a start up , and the employee is the sole employee. Traditionally this type of business was shot down because according to CIS, the employer would not have the ability to pay. Will any new regulations be promulgated to make it easy for small or newly opened businesses to hire a sole H-1B employee? My guess is only if that business has substantial venture capital backing. How many new people who have great ideas will find such a company in the US? How about we start with nullifying the unjust and selectively enforced 2010 Neufeld Control Memo?
The next thing that the proclamation talks about is Employment Based Second Preference. To obtain that, businesses have to get a labor certification. Labor certification, granted by the Department of Labor (not by CIS) prohibits businesses closely associated with the beneficiary from applying. And in a case of National Interest Waiver, education is not enough. The requirements and the denial rates are rising rather then webbing for such jobs that Americans don’t do, like bio research. I had to prove that the scope of breast cancer research was “national” rather than “regional” in scope. There are no new laws, just some empty tall talk. But whenever this happens, it gives a lot of false hopes to intending immigrants, hopes that will be dashed soon.