White House report indicates new immigration options may become available for researchers, entrepreneurs, and investors
Earlier this month, the White House released a long-awaited report describing potential changes that are being considered to improve the US immigration process. The report does not make any immediate changes to existing US immigration laws, but it does provide interesting insight into how our programs may change in the near future. The report highlights two ideas in particular that may create new immigration status options for researchers and entrepreneurs.
First, the White House explains in the report that it intends to “
[e]xpand opportunities for foreign investors, researchers, and entrepreneurs.” In particular, the report states that: “In order to improve options that create more jobs in the United States and boost our economy, DHS will propose, consistent with its existing parole authority, a parole program for entrepreneurs who would provide a ‘significant public benefit,’ for example, because they have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies.” While it is critical to see how this proposed initiative is implemented, this idea may provide new options for researchers and entrepreneurs working on developing new and emerging technologies in the United States.
Second, the report may result in guidance expanding opportunities for employers to be classified as exempt from the annual H-1B quota. Certain kinds of employers, such as those with affiliations with colleges and universities, are statutorily exempt from the annual H-1B quota. The report indicates that guidance will be issued to clarify these exemptions “to ensure that those nonimmigrants who are contributing to U.S. research and the education of Americans may remain in the United States.” This could provide new opportunities for researchers to remain in the United States without the need to be selected for an H-1B in the annual H-1B lottery.
SPS is carefully monitoring changes that may result from the new White House report. Please contact SPS to discuss current options that may exist for researchers, entrepreneurs, and investors or the White House’s continued efforts to streamline and modernize the US immigration process.