National Interest Waiver And How It Applies To A Foreign Entrepreneur
Welcome to the legal segment of Sitaarre, where we discuss various immigration issues and how they impact our community. So those who have been following us for the last couple of episodes we have been talking about the various incentives offered by USCIS that is the United States Citizenship and Immigration Services directed towards promoting new companies spurring job creation and encouraging investment and entrepreneurship in the US. Let me address a couple of questions that I received pertaining to the last two episodes, so the most common question that I got was regarding the employer-employee relationship and how can we establish this. The most effective way of doing it would be to separate the company from the entrepreneur as the sole shareholder. Now this is technical and needs to be studied based on the facts and circumstances of each case but i would suggest they’re having a board of directors that is responsible for controlling management of the company can help you establish that the company is an entity different from its sole shareholder. The next commonly asked question is about the eb-2 category and how can one demonstrate exceptional ability. Now exceptional ability is a relative term there are various ways in which you can prove this, for example, you could prove that someone has an exceptional track record in securing angel funding or venture capital funding for its business, this is exceptional ability that is directly relevant to business and directly beneficial to the national interest. However I would like to add that each case has to be judged on the facts and circumstances and there is no customized unique solution that will apply to both, so your best bet is consulting and experienced in seasoned attorney who can examine the facts advise you accordingly so let’s take this discussion further today we are going to talk about the national interest waiver and how it applies to a foreign entrepreneur. The national interest waiver exempts an entrepreneur from having a job offer in the US and from filing a perm with the Department of Labor those of you who are familiar with the EB-2 and the EB-3 category of visas would know that an applicant must have a job offer from a US employer and that the US employer must file a perm with the US Department of Labor. This is an onerous process it’s time-consuming and expensive, but if the applicant can qualify for a national interest waiver he or she can be exempt from this requirement. An entrepreneur can self-petition for his green card if he or she can demonstrate that his or her business will in some way benefit the US, for example, the entrepreneur can establish that his business is not actually taking a job away from a US worker but is creating multiple jobs that’ll benefit or boost the economy, only then can you apply for this exemption and get a green card via this process. Next week we’ll discuss the last of these options available for entrepreneurs and businesses where we will talk about the Eb-5 category of immigrant visas, again feel free to send me your questions at [email protected], see you next week.