Executive Action as Related to U.S. Business, Foreign Investors, Researchers, Inventors and Skilled Foreign Workers.

Under the President’s Obama executive order announced tonight, we are soon to see changes to the current immigration laws as related to U.S. businesses, foreign investors, researchers, inventors and skilled foreign workers. USCIS will be instructed to:

1) Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigration visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.

2) Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.

3) Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.

4) Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.

5) Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:

a. Have been awarded substantial U.S. investor financing; or
b. Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge.

The new laws and policies will be effective upon issuing necessary guidelines. Our office will keep a close watch over how the government will implement these new policies. Email us at ddobreva@dobrevalaw.com if you want our office to send you information, leaving your email address and phone number so we can contact you.

Source: http://www.uscis.gov/immigrationaction#4