Friday, August 12, 2011

August 2, 2011 - Press Conference Transcript: USCIS Announces Initiatives to Promote Startup Enterprises and Spur Job Creation: Part III


Coordinator: Once again, if you’d like to ask a question, please press star 1 and clearly record your name when prompted. The next question comes from (Lalee Cha) with Press Trust of India. Your line is open.

Lalee Cha: Thank you doing this call. I have one question. This is about the code that you have for (unintelligible) and you know most of time, they are targeting our coming from India and China. So how does that versus the other forms, the announcement that you’ve made today. How does address that question?

Alejandro (Ali) Mayorkas: I’m - I think I - please correct me if I don’t capture your question accurately. I believed that you asked the efforts that we’re making now. So for example, with respect to the EB2 visa classification, which is a classification that includes foreign workers with advanced degrees and individuals of exceptional ability.

Lalee Cha: Yes.

Alejandro (Ali) Mayorkas: Art, sciences or business, how does that effect individuals who want to access the EB2 visa program if they happen to be from China or India, for example, where the visas might not be current?

Lalee Cha: Yes, and you have the certain percentage of people coming - you have a restriction on that. Only certain percentage of people from 1 particular county you can intake very year, right?

Alejandro (Ali) Mayorkas: Yes. You know that is not an agency-created quota. Those are by operation of law.

(Lalee Cha): Yes.

Alejandro (Ali) Mayorkas: And in fact the visa availability is still applicable. So in fact if somebody is seeking an EB2 visa but and the individual is from China, the individual will be able to exercise that visa when the visa is current. And with respect to China and India, that visa is at present not current.

Lalee Cha: Yes so that (unintelligible).

Alejandro (Ali) Mayorkas: So there would be. There would...

Lalee Cha: 7 so if you want to attract the talent from these 2 countries which are (unintelligible) China said in his congressional meeting last week that that needs to be changed. So do you agree with him?

Alejandro (Ali) Mayorkas: I’m sorry, you’re question?
Lalee Cha: The (unintelligible) is now the ambassador to China, he said in his n a meeting last week that that percentage - that quota restriction on the countries like India and China need to be waived off.

Alejandro (Ali) Mayorkas: I think the president has spoken to this quite strongly and consistently that an evaluation of visa availability - an evaluation of visa laws is something that should be undertaken in the context of comprehensive immigration reform to ensure that in fact we are paving the path for the best and the brightest from wherever they might come around the world.

Lalee Cha: Yes, but once - if you’re targeting to - if you’re planning to attract talent from these 2 countries, then how come you’re reforms today are not able - will not - how they going to help people from these 2 countries to apply EB2 if they are not current?

Alejandro (Ali) Mayorkas: Well the fact of the matter is that there are people who come from these countries who might be able to avail themselves of the EB2 visa program while the visas are not current today. That does not mean that a month from now, 2 months from now whatever time period and what we are doing is we are working within the constraints of the laws that currently exist and paving the avenues that are available to us.

Lalee Cha: Thank you so much.

Alejandro (Ali) Mayorkas: Thank you.

Coordinator: The next question comes from Betty Lynn , World Journal. Your line is open.

Betty Lin: Hello. Thank you, Ali. Did you just talk about you are going to find proposals for EB5 in 30 days? Could you elaborate on that?

Alejandro (Ali) Mayorkas: Yes, thank you very much, Betty. So we published a - previously published a proposal for the reform of the EB5 program. And we published it in proposed for because we wanted to benefit from community expertise and community experience. And we solicited comments from the community and I believe that we received approximately 177 comments in response to our proposal.
We have taken into consideration those comments. We have been and continue to study those comments and we intend to shortly publish our final reformed process. And we intend to begin the implementation of that reform process, the enhanced process within 30 days.

Betty Lin: So you’re going to publish that in 30 days and implement in 30 days?

Alejandro (Ali) Mayorkas: We’re going to begin - we’re going to begin implementing the enhancements in 30 days. And we have not set a discreet timetable for publication of the final proposal. We’re working vigorously on that.

Betty Lin: Okay, thank you.

Alejandro (Ali) Mayorkas: Thank you, Betty.

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