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President’s Council on Jobs & Competitiveness: America Must Win the Global Battle for Talent

October 13, 2011

On Tuesday, October 11th, the President’s Council on Jobs and Competitiveness, described in this post, held its third meeting. It was focused on an interim report issued by the Council which outlined 5 practical proposals designed to increase employment and improve competitiveness. The second initiative is focused on high-growth entrepreneurship and the fifth initiative is focused on developing talent to fill today’s jobs. Both initiatives address high skilled immigration and the “reverse brain drain” being experienced in America:

Many of our most talented STEM workers are immigrants living legally in America, often after having been educated here as well. They are high earners, pay their taxes, contribute to their communities, and want to stay. Yet due to the endless wait for employment-based visas, these workers and their families can’t fully embrace life as Americans. Many grow disenchanted and end up putting their skills to work in other countries that are only too glad to welcome them.

The report calls for 2 solutions:  full subscription and radical expansion of the EB-5 entrepreneur’s visa and Congressional action specifically on employment-based immigration reform separate from comprehensive immigration reform.

In August, USCIS announced several initiatives focused on entrepreneurship and start-up enterprises:

Entrepreneurs may obtain an employment-based second preference (EB-2) immigrant visa if they satisfy the existing requirements, and also may qualify for a National Interest Waiver under the EB-2 immigrant visa category if they can demonstrate that their business endeavors will be in the interest of the United States.

Generally, an EB-2 visa petition requires a job offer and a Department of Labor certification. These requirements can be waived under existing law if the petitioner demonstrates that approval of the EB-2 visa petition would be in the national interest of the United States.

. . .

In response to stakeholder feedback, USCIS has also updated existing FAQs to clarify that an H-1B beneficiary who is the sole owner of the petitioning company may establish a valid employer-employee relationship for the purposes of qualifying for an H-1B nonimmigrant visa . . . .

The EB-5 immigrant investor program is also being further enhanced by transforming the intake and review process. In May, USCIS proposed fundamental enhancements to streamline the EB-5 process . . . .




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