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.

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

Coordinator: Certainly. Once again, if you would like to ask a question at this time, please press star 1 on your touchtone phone and clearly record your name when prompted. One moment for the first question please.

The first question does come from (Patrick Sibido). Your line is open.

Patrick Thibodeaux: Great. Thanks for taking my question.

Alejandro (Ali) Mayorkas: Thank you.

Patrick Thibodeaux: So all these changes are designed to facilitate invest in the US by people overseas. And what do you think these changes may accomplish?

Alejandro (Ali) Mayorkas: Well what the efforts are designed to do as I indicated is to ensure that the avenues that the law has currently made available to foreign talents that would benefit the US economy; to ensure that those avenues are indeed available as the law envisioned. And to ensure that the community that could pursue those avenues is aware of their availability.

That is the goal. And the goal really when you say what we hope to accomplish is that these avenues that are designed to benefit the US economy through the introduction of foreign talent, foreign investment, foreign efforts to create US jobs, that they are utilized to their fullest.

Patrick Thibodeaux: Okay, thank you.

Alejandro (Ali) Mayorkas: Thank you.

Edna Ruano: As a reminder, please provide your name and the outlet that you represent. That would be helpful. Thank you.

Coordinator: The next question does come from Alex Wagner with Huntington Post.

Alex Wagner: Hi, thanks for doing a call. I’m wondering how this fits in with the administration’s broader efforts towards immigration reform or its’ extra timetable?

Alejandro (Ali) Mayorkas: This is not, I think when the administration speaks of immigration reform, immigration - the administration speaks of much needed legislative change. We have laws currently in place. We as an agency have policies that are designed to achieve the results of the laws as the legislature intended. And what we are doing here is making sure that those policies are understood, that our operations are designed to achieve the policy objectives. And it is something independent of immigration reform.

This is not legislative action. This is operational efficiency and good policy.

Alex Wagner: So this isn’t fall into sort of - I mean each one - H1B visas in particular are mentioned in a lot of advocates or something you know as sort of the cherry on top of another wise tricky Sunday of reform. And the fact that you guys are sort of taking that (unintelligible), that has nothing to do with the broader reform tactic?

Alejandro (Ali) Mayorkas: Well, well what is often communicated in the context of the H1B visa and comprehensive immigration reform is do our existing laws really provide the potential that we would want as a country to create a path for the best and the brightest. What we are speaking of now with respect to the H1B visa program as it currently exists is clarifying who may be eligible for the H1B visa under existing USCIS policy existing statutory and regulatory framework.

Alex Wagner: Thanks.

Alejandro (Ali) Mayorkas: Thank you.

Coordinator: The next question comes from (Antonia Tacadez) with LA Opinions. Your line is open.

Antonieta Cadiz: Thank you. I want to thank you for making this call and first question. How many (unintelligible) EB5 visas were granted in 2010?

Alejandro (Ali) Mayorkas: We can follow up and provide that data to you. I do not have that at my disposal. I do know that forgive me, I do know that the EB5 program has a maximum of 10,000 visas annually. We do not reach that potential and our operational improvements are designed to ensure that we’re making that process as open as it should be while adhering to scrupulously to the program’s requirements.

Antonieta Cadiz: Do you know how much time USA is paid to process this kind of visas in the (unintelligible)?

Alejandro (Ali) Mayorkas: I’ll be - you know the average processing time for example for the EB5 program is I believe just over - well there’re various aspects to the program. There are different types of petitions and different types of applications. But we are talking about a number of months, not the time period that we experience that some people complained about a number of years ago.

I think average of 4 to 5 months for various types of applications and petitions in the EB5 program. So we are moving as quickly as possible.

Antonieta Cadiz: I’m sorry, in the case of EB2 visa, the waiver that you mentioned, that wavier can apply only to entrepreneurs or this can be applied also to foreign workers with an advanced degree? That’s the way waiver work both ways or just entrepreneur?

Alejandro (Ali) Mayorkas: No. Thank you for that question. The national interest waiver applies to individuals who are seeking an EB2 visa period. So it applies to foreign workers with advanced degrees and the individuals of exceptional ability in the arts, sciences or business. Individuals who are seeking a visa who qualify in those 2 areas, one or the other, they must have a job offer and a Department of Labor certification. The exception to that is if they can obtain a national interest waiver. So it applies far more broadly then to just entrepreneurs. It applies to EB2 petitioners across the board.

Antonieta Cadiz: Thank you.

Alejandro (Ali) Mayorkas: Thank you.

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

Coordinator: Welcome and thank you for standing by. At this time, all participants are in a listen only mode until the question and answer session. If you would like to ask a question at that time, please press star 1 on your touchtone phone and clearly record your name when prompted. Todays’ conference is being recorded. If you have any objections, you may disconnect at this time.

I’d like to go ahead and turn the call over to your host for today, (Edna Ruano), USCIS Chief of the Office of Communications. You may begin.

Edna Ruano: Thank you, Jose. This is (Edna Ruano), the Chief of the Office of Communications. I am happy to welcome everybody onto the phone call. As to the format and the time frame, we have about 30 minutes with USCIS Director Alejandro (Ali) Mayorkas. So we will have him introduce the topic of today’s announcement and then open it up to questions when his remarks are finished.

Thank you again for joining us today.

Alejandro (Ali) Mayorkas: Thank you very much (Edna) and I should also note that I am joined here in Washington, DC by a number of our subject matter experts should you pose questions that I myself cannot answer. Good afternoon to all of you and thank you very much for joining us to discuss some important issues that impact our nation. How we can continue to attract the best and brightest from around the world to invest their talents, skills and ideas to grow our economy and create American jobs.

Today at a meeting hosted by the president’s council on jobs and competitiveness in Palo Alto, California, the administration announced the series of efforts that the Department of Homeland Security and US Citizenship and Immigration Services will undertake to ensure that the potential of our existing immigration laws is fully realized.

Before I summarize these new efforts, I want to share with you some key findings from a recent study commissioned by the National Venture Capital Association entitled “American Made - The Impact of Immigrant Entrepreneurs and Professionals on US Competitiveness.” The study includes a number of impressive findings that illustrate the significant contribution to the US economy made by immigrant entrepreneurs and foreign born professionals, scientists and engineers.

I’d like to specifically highlight its’ findings at the current market capitalization of publically trading immigrant-founded, venture-backed companies in the United States exceeds $500 billion. This is an example of the significant wealth creating abilities of immigrant entrepreneurs. Another fining supports what our president spoke about in El Paso, Texas earlier this year.

Many of the largest US venture-backed public companies such as Intel, Selectron, Sanmina, SCI, Sun Michael Systems, Ebay, Yahoo, Google and many, many others were started by immigrants. Moreover, today, immigrant-founded US publically-traded companies employ approximately 220,000 people in the United States and more than 400,000 people worldwide. These companies are concentrated in cutting edge sectors such as high technology, manufacturing, information technology and life sciences. Our current immigration laws support foreign talent who will invest their capital, create new jobs for American workers and dedicate their exceptional talent to the growth of our nation’s economy.

We at USCIS are dedicated to ensuring that the potential of our immigration laws is fully realized and initiatives we announce today are an important step forward. I trust that all of you have received our press release that outlines the initiatives, the efforts that we have made and our announcing today. And if I may just run through them very quickly, I would like to dedicate as much of the time as we allocated to your questions.

And I also appreciate again your joining us. The first is the EB2 visa often referred to as the visa for advanced degree - for individuals with advanced degrees or exceptional ability. The EB2 visa classification includes foreign workers with advanced degrees and individuals of exceptional ability in the arts, sciences or business. And generally, an EB2 visa petition requires a job offer and a certification from the Department of Labor.

These requirements relevant to entrepreneurs can - well it’s relevant to others - but it is something that we have heard from the entrepreneurial community as a concern or a lack of understanding that these requirements can be waived under existing law if the petitioner demonstrates that approval of the EB2 visa petition would be in the national interest of the United States.

And so an example of that would be an individual whose endeavor would create jobs for workers in the United States on a scale that would benefit the national interest. We have received feedback with respect to another visa, the specialty occupation visa or H1B visa. Questions whether an entrepreneur or an individual was a sole owner of a petitioning company may establish the - a valid employer/employee relationship for the purpose of qualifying for an H1B non-immigrant visa; a visa which is used by US businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as science, engineering and computer programming.

And we have published today, an FAQ of frequently asked questions which answers the question that a sole owner of a petitioning company may indeed qualify for an H1B non-immigrant visa if that petitioning company satisfies the requirements of the visa and establishes the employer/employee relationship as is required.

We also have announced the - our intention to expand our premium processing service to immigrant petitions for multi-national executives and managers. We will also be expanding that premium processing service to immigrant investors qualified for the EB5 visa. There are other important reforms to the EB5 immigrant investor visa program that we will be unveiling.

Those include the ability of petitioners to have direct contact with the adjudication team to resolve issues and address questions or concerns that arise in the course of the processing of the petition. And also the opportunity to have an interview with an expert panel to address issues and concerns when the case is further along and we’re refining those proposals and intend to begin their implementation in 30 days.

In addition, beginning August 11 with our first public engagement, we will be hosting a series of engagements with entrepreneurs and stakeholders who are interesting in startup company endeavors. This is an opportunity that is focused on soliciting input from the community on how we at USCIS can address the unique circumstances of entrepreneurs, new businesses and started companies through our policies and regulations in the employment-based arena.

And so we are really speaking of very significant efforts to ensure that existing laws of the potential of the existing laws are fully realized. And we put into effect the legislative intent behind these visa programs. And with that I would welcome whatever questions you might have and (Edna) if you’d be so kind to facilitate that process.

Edna Ruano: Thank you, Ali. Again we are open to questions. (Jose) will help us with the process. So, (Jose) begin. Open it up to questions.

Iraqi Refugee Processing Fact Sheet: Part II

Determining Eligibility for Refugees

Eligibility for refugee status is decided on a case-by-case basis. A USCIS officer conducts a personal interview of the applicant designed to elicit information about the applicant's admissibility and claim for refugee status. During the interview, the officer confirms the basic biographical data of the applicant; verifies that the applicant was properly given access to the USRAP; determines whether the applicant has suffered past persecution or has a well-founded fear of future persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion in his or her home country; determines whether the applicant is admissible to the United States and whether he or she has been firmly resettled in another country; and assesses the credibility of the applicant.

Ensuring Security 

In May 2007, DHS announced and implemented an Administration-coordinated, enhanced background and security check process for Iraqi refugees applying for resettlement in the United States. The security check regime, including both biographic and biometric checks, has been enhanced periodically over the last several years as new opportunities and interagency partnerships with the law enforcement and intelligence communities have been identified. The latest enhancement to the refugee security check regime involves a new “pre-departure” check shortly before refugees are scheduled to travel to the U.S. It is intended to identify whether any new derogatory information exists since the initial checks were conducted. These pre-departure checks went into effect in late 2010. No case is finally approved until results from all security checks have been received and analyzed.

Procedures for Iraqi Citizens Currently in the U.S.

Iraqis currently in the United States, who are not able to return to Iraq because they have been persecuted or fear that they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion, may apply for asylum with USCIS.

Procedures for Iraqi Citizens Living Outside of Iraq

Refugees and asylum seekers should seek to comply with all legal requirements of the country in which they are located, including registration with host governments if required. In addition, all Iraqi asylum seekers located in third countries should register with the nearest UNHCR office.

UNHCR has the international mandate to provide protection and assistance to refugees and may be able to provide a protection document and possibly other assistance if needed. For a small number of extremely vulnerable individuals, this could include referral to the USRAP or another country's resettlement program. UNHCR will identify individuals for resettlement referral based on an assessment of their vulnerability at the time of registration.

In Jordan and Egypt, direct access to the USRAP is available to direct-hire employees of the U.S. Mission in Iraq and other Iraqis who worked for the U.S. government or U.S. government contractors, or for U.S.-based media organizations or NGOs and their family members. Any Iraqi, who has fled to Jordan or Egypt because of his/her association with the U.S., is encouraged to contact the International Organization for Migration (IOM) to receive guidance. IOM can be reached at IC@iom.int.

Procedures for Iraqi Citizens Currently in Iraq

In Iraq, direct access to the USRAP is available to direct-hire employees of the U.S. Mission in Iraq and other Iraqis who worked for the U.S. government or U.S. government contractors, or for U.S.-based media organizations or NGOs, and their family members. Any Iraqi, who believes he/she is at risk or has experienced serious harm as a result of association with the U.S., is encouraged to contact the International Organization for Migration (IOM) to receive guidance. IOM can be reached in Iraq at IC@iom.int.

Special Immigrant Visas for Iraqis

Iraqi nationals who supported the U.S. armed forces or Chief of Mission authority as translators or interpreters, or Iraqi nationals who were or are employed by or on behalf of the U.S. government in Iraq on or after March 20, 2003, for a period of at least one year may be eligible for Special Immigrant Visa (SIV) processing. The SIV program is separate and distinct from the USRAP. However, certain Iraqi SIV recipients are eligible for the same resettlement assistance, entitlement programs, and other benefits as refugees admitted under the refugee program.

Iraqi Refugee Processing Fact Sheet: Part I

Updated by the USCIS on  June 3, 2011

U.S. Refugee Admissions Program

The U.S. Refugee Admissions Program (USRAP) is an inter-agency effort involving a number of governmental and non-governmental partners, both overseas and domestically, whose mission is to resettle refugees in the United States. The U.S. Department of State’s (DOS) Bureau of Population, Refugees and Migration (PRM) has overall management responsibility for the USRAP and has the lead in proposing admissions numbers and processing priorities.
Within the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) has responsibility for interviewing refugee applicants and adjudicating applications for refugee status. Through its cooperative agreements with Resettlement Support Centers (RSC) (formerly known as Overseas Processing Entities), PRM handles the intake of refugee referrals from the United Nations High Commissioner for Refugees (UNHCR), U.S. embassies, and certain non-governmental organizations (NGOs) as well as the prescreening of cases and the out-processing of individuals for travel to the United States.

Iraqi Refugee Processing

Part of the humanitarian mission of the USRAP is to provide resettlement opportunities to especially vulnerable Iraqi refugees. Since large-scale Iraqi refugee processing was announced in February 2007, DHS and DOS have worked cooperatively to increase the number of Iraqi refugees admitted to the United States as part of the worldwide commitment. DHS and DOS have worked closely to enhance processing capacity of Iraqi refugee applicants while ensuring the highest level of security. In support of these efforts, USCIS consistently deploys more than 45-50 officers per quarter to the Middle East to conduct refugee processing circuit rides. To date, USCIS has interviewed more than 101,000 Iraqi refugee applicants.
As a result of this collaboration, the USRAP admitted more than 58,000 Iraqi refugees since large-scale processing began in fiscal year 2007.
Since the inception of the program in 2007, 166,249 Iraqi nationals have been referred to the USRAP for resettlement to the United States. USCIS has interviewed 101,884 Iraqi refugee applicants; approved 84,435 for resettlement and, 58,810 Iraqi refugees have arrived in the United States.

Process for Resettlement

In identifying Iraqi cases for referral to the USRAP, UNHCR and DOS have been prioritizing 11 categories of especially vulnerable refugees, including individuals who are affiliated with the U.S. government and religious minorities, among others.

Iraqi refugees may gain access to this program through referrals from UNHCR, a U.S. Embassy, or certain NGOs. Iraqi nationals, who worked for the U.S. government, a U.S. contractor, or a U.S.-based media organization or NGO, and their family members, can apply directly to the USRAP in Jordan, Egypt and Iraq without a UNHCR referral. In addition, Iraqi applicants will be considered for resettlement if an eligible family member applies on their behalf in the United States. The vast majority of cases processed so far by the USRAP have been referrals from UNHCR.
USCIS officers are interviewing Iraqi refugee applicants primarily in Jordan, Syria, Egypt, Turkey, Lebanon and Iraq. Refugee processing in Iraq focuses on certain Iraqis who are associated with the U.S. and their family members.

Effects of Puerto Rico Birth Certificate Invalidation on USCIS Benefit Seekers

On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure certified copies of birth certificates to U.S. citizens born in Puerto Rico, because of a new Puerto Rico birth certificate law.  After September 30, 2010, all certified copies of birth certificates issued prior to July 1, 2010, will become invalid.   After September 30, 2010, USCIS will not accept any certified copies of Puerto Rico birth certificates (PRBC) issued before July 1, 2010 for the purpose of establishing eligibility for immigration benefit petitions and applications.

Petitioners and applicants may continue to submit PRBCs issued before July 1, 2010, to establish United States citizenship or a familial relationship through September 30, 2010.  USCIS will honor PRBCs in support of immigration filings if received on or before September 30, 2010, even if the adjudication takes place after the PRBC becomes invalid.

If an invalid PRBC is submitted in support of a petition or application, USCIS will notify the appropriate individual and give that individual the opportunity to submit a new, valid birth certificate.


Some answers to frequently asked questions about this issue:

Does an invalid birth certificate affect my citizenship status?

No, this law invalidates only the birth certificate.  It does not change a person’s citizenship status.

What if I already submitted a Puerto Rico birth certificate and my case has not been decided?

If you have already submitted a Puerto Rico birth certificate, the new Puerto Rico law will not affect the adjudication of your case.

How do I get a new Puerto Rico Birth Certificate?

Individuals who were born in Puerto Rico and are now living elsewhere can apply for a new birth certificate on-line or by mail.  Mailed applications will not be accepted until after July 1, 2010.  Instructions on how to apply by mail can be found at: www.prfaa.com/birthcertificates/ and www.prfaa.com/certificadosdenacimiento/.

Immigration Lawyer Mobile Website

M.C. Law Group is proud to announce that it just launched the mobile version of its immigration website.  To view the site on your mobile phone please visit m.uslegalvisa.com 
Please note that this site is still in development and new content will be added regularly.  Your comments and suggestions are welcomed.