The new initiatives were announced by United States Citizenship and Immigration Services (USCIS) director Alejandro Mayorkas and Secretary of Homeland Security Janet Napolitano.

“The United States has a long, rich history of welcoming innovative entrepreneurs and skilled workers into our country,” Mayorkas said on his blog.

“These men and women fuel our nation’s economy by creating jobs, and promoting new technologies and ideas,” he added.

“Today, I joined Secretary of Homeland Security Janet Napolitano and outlined a series of new policy, operational, and outreach efforts that will help fuel the nation’s economy and stimulate investment by making it easier for high-skill immigrants to start and grow companies and create jobs here in the United States.”

USCIS announced that it will:

• Clarify that immigrant entrepreneurs may obtain an employment-based EB-2 immigrant visa if they satisfy existing requirements, and that they may also qualify for a National Interested Waiver (no job offer required) under the EB-2 immigrant visa category if they can demonstrate that their business will be of interest to the United States.
• Expand the Premium Processing Service to immigrant petitions for multinational executives and managers
• Clarify that a sole owner of a business who wishes to employ himself/herself in some circumstances can establish a valid employer-employee relationship to qualify for an H-1B non-immigrant visa
• Implement enhancements to streamline the EB-5 immigrant investor process
• Launch new “engagement opportunities” to seek input and feedback from entrepreneurs and companies. USCIS will take this into account when developing new policies and procedures. It is hoped that this will result in changes that will help entrepreneurs, new businesses, and startup companies

“The United States must 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,” said Napolitano in a statement.

“Today’s announcements will help our nation fully realize the potential of existing immigration laws,” she added.

The H-1B visa scheme is subject to an annual cap set by the United States Congress each year. For FY 2012, the cap is again set at 65,000 visas. There are 20,000 additional visas for those with US Masters degrees or higher.

“The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degrees or higher are exempt,” USCIS said in a statement.

There are certain other H-1B petitions that are exempt from the cap as well. These include job posts at:

• Institutions of higher education or related or affiliatednonprofit entities
• Nonprofit research organizations
• Governmental research organizations

H-1B visa extensions filed for workers who are currently in the US under an H-1B visa also do not count towards the cap.

In April 2007 the cap was reached in one day. The US has still not fully recovered from the economic downturn of 2008; Over the last few years there has been less demand for H-1B visas. The increased availability of H-1B visas means that it is now easier for US companies to import skilled labor from abroad under the H-1B program.

There is a rule from the Department of Homeland Security that requires the sponsoring employers to file a petition for all the Aliens for whom R-1 non-immigrant status is sought. To comply with the same now the consular officers are required to ensure that, the said applicants have obtained an I-129 petition form from the Department of Home land security, prior to the issuance of the visa. The said rule has been in force from the 6^th of October 2009.

In case there is a further requirement of a clarification about this rule you might feel free to get in touch with the Legislation & Regulations division of the Visa Service’s. The contact person would be Lauren Prosnik. Phone # (202) 663-2951.

Now the question is what is this rule been promulgated for? The answer to that is, on the 26^th of Nov 08, the department of homeland security announced the requirement for the sponsoring employers to file a petition for all the Aliens for whom R-1 non-immigrant status is sought. Also as per the same law the period of the validity of the visa is not supposed to exceed the period as mentioned in the petition. As a result of that, an R-1 non-immigrant visa would now require the applicant to be established as a beneficiary of an approved petition. The implementation of this petition requirement by the United States Citizenship and Immigration Services has been, for the purpose of authenticating and determining the petitions from the religious organizations for the religious workers. This would also help to ensure that such religious workers are admitted into the United States on the request of a religious organization and that is exactly where the workers work.

Miscellaneous regulatory findings:

As per the Administrative procedure act there is a regulation that involves the foreign affairs function of the US therefore according to the 5 USC 553(a)(1) is not subjected to the procedures of rule making as set by 5 USC 553.

As per the Executive orders 12866, the new rule has been reviewed by the department of State to ensure its consistency with the regulatory philosophy and the principals set by the Executive orders 12866. They have also determined that the cost of maintaining this rule is justified according to the benefits that are to be derived out of it.

As per the paper work reduction act does not impose the requirements of information collection, as per the provisions of the paper work reduction act 44 USC chapter 35.