Three year H-1B visa approved for sole employee-entrepreneur; USCIS makes good on promise to encourage entrepreneurship

In August 2011, we posted a link and some background related to the current administration’s efforts to attract and retain high-skill entrepreneurs.  Specifically, a USCIS press release dated 8/2/2011 confirmed an intention to use current immigration law [including H-1B visas and National Interest Waivers] to fuel the nation’s economy and stimulate investment, by attracting foreign entrepreneurial talent who can create jobs, form start-up companies, and invest in areas of high unemployment. Here is the link to that post:

http://ryvinimmigrationblog.blogspot.com/2011/08/uscis-director-alejandro-mayorkas-blog.html

Today, I am happy to confirm that USCIS approved an H-1B petition for a sole employee-entrepreneur, seeking entry work in the capacity of President for a newly formed company, poised to re-vitalize an economically depressed area.

We made clear that despite his ownership interest, the Beneficiary would be an “employee” of the U.S. company and that he was exactly the type of individual targeted by USCIS in their recent announcement.   

We wish our clients the best of luck and thank USCIS for a job well done! We are currently working on a number of exciting “start-up” cases, where we intend to rely on USCIS’ recent guidance, including H-1Bs and EB-2 I-140 National Interest Waivers (green card) petitions, and hope today’s approval is a sign that USCIS will continue to help stimulate our economy through existing visa categories.