Entrepreneurs can apply for H-1B Visa

Pursuant to a White House-led initiative to reduce barriers and accelerate growth for America’s job-creating entrepreneurs, the USCIS announced its policy to allow entrepreneurs to apply for H-1B visa when they have an ownership stake in their own companies, including sole employees. This can be a significant change from the current practice.

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B-2 for Cohabitating Partners and Household Members

In addition to be used as a visitor visa, B-2 status can be used for elderly parents, cohabiting nonimmigrant partners, and other household members of principal nonimmigrant. Thee are also circumstance when it may be inconvenient or impossible for impossible for spouses or children of principal nonimmigrant aliens to apply the proper derivative status. These aliens may seek B-2 visas, or change their status to B-2, so to allow them to reside with the principal nonimmigrant visa holder who is in the United States in another status (H-1B, F-2, etc.)

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Entrepreneurs and National Interest Waiver

The USCIS announced its initiatives to entrepreneurs in its 08/02/2011 accouchement to encourage entrepreneurs to take advantage off the National Interest Waiver program to apply for green card and to grow the U.S. economy and create U.S. jobs. The questions and answers in regard to entrepreneurs and national interest waiver are discussed below:

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Entrepreneurs and the Employment-Based Second Preference EB-2

In the interest to help the economy and investment in the United States, the USCIS in August 2011 published its new policy on the subject of entrepreneurs and the green card petition under the category of EB-2. Below are questions and answers on this subject.

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AC21 Section 106(C) Occupational Classifications

Section 106(c) of AC21 states that “. . . . an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

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