In these instances, there is essentially only one action that the applicant can take to force the agency to act — file a lawsuit. This type of lawsuit, known as a “writ of mandamus”, is to compel the government to perform a duty owed to the plaintiff, namely, take action on the pending application. There is no law or strict rule on how long a person must wait before filing a lawsuit. However, if your application is pending for more than a year, it may be time to consider such action.

Filing a suit against the USCIS or appropriate US Consulate may be the only way to get your case processed because the Federal Court can oblige the USCIS or US Consulate to review your application/petition and make a final decision within a short period of time (usually within sixty days). Upon receiving a complaint filed with the Federal Court, the government must answer within sixty days of the complaint. These lawsuits force the government to finally take action. It is important to remember that the court cannot force the USCIS or the consulate to make a decision in your favor.

"U Visas" and "T Visas" allow victims of specific crimes to help law enforcement detect, investigate and prosecute crimes without fear of retaliation based on their immigration status. These visas provide immigration status to non-citizen victims and allow them to remain in the U.S. to assist authorities in combatting violent crimes.

La gran noticia es que se acaba de implementar a partir del 12 de enero de 2023 la posibilidad (que antes no existía) de pedir un "Premium Processing" para su trámite de NIW. Es decir, que USCIS (la oficina de inmigración) acaba de habilitar un formulario premium, que es opcional y vale $2500, para que resuelvan su caso de residencia por este proceso de EB2 NIW en 45 días.

What is the International Entrepreneur Program?

It is a program available since 5/10/2021 to foreign entrepreneurs of any country in the world to create and develop start-up entities with high growth potential in the United States. It needs to have job generating potential (at least generate 5 jobs after the initial period of authorization), have growth potential and certain investment requirements.

This program is available particularly for nationals of countries that do not have treaties with the US for purposes of E visas (such as India, Venezuela or Uruguay).

How many International Entrepreneurs can be authorized per start-up?

A maximum of 3 International entrepreneurs per start-up entity but they have to submit separate applications.

Can the start-up be an entity that has already been incorporated?

Yes, but it has to be incorporated no longer than 5 years ago and it has to have operated legally since its inception.

Do they have to be outside the US to submit their applications?

No. It can be submitted while in the US or outside the US. Once the application is approved, the person should go to the Consulate in their country to get the travel permit stamped in their passport.

Can the International Entrepreneur travel with their family?

The spouse and children under 21 can be admitted but will have to submit their own application of the I-131 Form.

What are the filing fees?

The International Entrepreneur Program (I-941) has a fee of $1200 plus $85 for biometric fees. I-131 has a filing fee of $575 plus a filing fee of $85 that might be applicable.

What is the maximum amount of time the International Entrepreneur Program allows in the US.?

The maximum initial authorization is for 30 months and then it can be renewed for 30 more months (for a total of 5 years).

After being present in the US as an International Entrepreneur, can the individual become a Legal Permanent resident?

The International Entrepreneur Program is not a path to become a Legal Permanent Resident. Nevertheless, if there is an independent ground to become a legal permanent resident, the International Entrepreneur may apply for it. However, the International Entrepreneur will not be able to adjust status or change of status directly in the US and will have to exit the US and process the new immigrant or non immigrant visa in the US Consulate abroad.

Can the spouse of the International Entrepreneur work in the US?

Yes, he or she will be able to request a work permit once the person is in the US. He/she will not be able to work until they receive the relevant employment authorization document. The minor children however, will not be able to request a work permit. The International Entrepreneur will have a work authorization to work for his start up that is incident to his status. He can work as an employer or as an employee but he will have to maintain a household income equivalent to 400% of the federal Poverty guideline, which for 2022 would be as follows: For a household of one: $54,360; for a household of two people: $73,240; for a household of three people: $92120; or a household of four people: $ 111,000: or a household of five people: $129,880; or a household of six people: $148,760.

What are the International requirements?

A. To qualify as an International Entrepreneur you should show that you:

(1) Have a central and active role in the operations of a start-up entity, such that you are well-positioned, due to your knowledge, skills, or experience, to substantially assist the U.S. start-up entity with the growth and success of its business;

(2) Possess at least a 10% ownership stake in the U.S. start-up entity, and that the entity:

(a) Was recently formed (for example, created within the five years immediately preceding the filing date of your Form I-941) and has been lawfully doing business within the United States during any period of operation since its date of formation; and

(b) Has substantial potential for rapid growth and job creation, evidenced by the receipt of significant capital investment, grants or awards.

B. Substantial Investment, Grant or Award.

You should demonstrate that your start-up entity has received a minimum investment amount or qualified award or grant as described below:

(1) The start-up entity has received a qualified investment, within 18 months immediately preceding the filing of your Form I-941, of at least $250,000 from one or more qualified investors;

(2) The start-up entity has received, within 18 months immediately preceding the filing of your Form I-941, an amount of $100,000 or more through one or more qualified government awards or grants; or

(3) If your start-up entity partially meets one or more of the above criteria, you may still be considered for entrepreneur parole by providing other reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.

NOTE: If relying on other evidence that you believe is reliable and compelling, you will also need to show that your entity has:

(1) Received a substantial level of investment (although less than $250,000); or

(2) Received a substantial level of government funding (although less than $100,000).

Investment must be from a Qualified Investor.

The term “qualified investor” for purpose of entrepreneur parole means an individual who is a U.S. citizen or lawful permanent resident of the United States, or an organization that is located in the United States and operates through a legal entity organized under the laws of the United States or any state, that is majority owned and controlled, directly and indirectly, by U.S. citizens or lawful permanent residents of the United States, provided such individual or organization regularly makes substantial investments in start-up entities that subsequently exhibit substantial growth in terms of revenue generation or job creation. Such an individual or organization may be considered a qualified investor if, during the preceding five years:

(1) The individual or organization made investments in start-up entities in exchange for convertible debt or other security convertible into equity commonly used in financing transactions within their respective industries comprising a total in such 5-year period of no less than $600,000; and

(2) Subsequent to such investment by such individual or organization, at least 2 such entities each created at least 5 qualified jobs or generated at least $500,000 in revenue with average annualized revenue growth of at least 20%.

NOTE: An individual or organization that has been permanently or temporarily enjoined from participating in the offer or sale of a security or in the provision of services as an investment adviser, broker, dealer, municipal securities dealer, government securities broker, government securities dealer, bank, transfer agent or credit rating agency, barred from association with any entity involved in the offer or sale of securities or provision of such services, or otherwise found to have participated in the offer or sale of securities or provision of such services in violation of law is not a qualified investor.

The H-1B nonimmigrant visa category allows employers to sponsor foreign nationals to perform temporary services in a "specialty occupation." This generally requires an offer of employment in a job that requires at least a bachelor's or bachelor's degree in the U.S.A., or its equivalent, in a specific area of specialization.   There is an annual cap on H-1B visas of 65,000 visas, with an additional 20,000 visas assigned to people who hold a U.S.  Master's degree or higher.

Because demand for H-1B visas far exceeds the annual allocation, USCIS conducts a pre-filing registration and lottery process annually to select applicants at random for the 85,000 H-1B visas available.

Here are some alternative strategies that may be appropriate for you based on your particular characteristics:

F-1OPT Visa or Optional Practical Training/ Curricular Practical Work

International Students: A graduate in the United States from a post-secondary institution in may be eligible for an OPT for a 12-month period which will grant employment authorization for their Optional Practical Training (OPT) in a field related to their degree. F-1 students who have graduated with a degree in a STEM (science and math) field and who are employed by a company participating in the U.S. government's E-Verify program may extend the initial OPT period for an additional 24 months. F-1 visa students who are still enrolled in college may qualify for employment authorization through a Curricular Practical Training (CPT) period, although CPT-authorized students must still maintain a full course of study. Students considering any of these options should coordinate with their university's Designated School Officer to obtain OPT or CPT work authorization.

Nonimmigrant Visas: Work Based on Nationality

H-1B1 visas are available for citizens of Chile and Singapore. The requirements for these categories are similar to those of the H-1B visa. Although there is a numerical limit on the number of H-1B1 visas that can be issued in a fiscal year, the limit has never been reached.

E-3 Visas are granted only to citizens of Australia who work in occupations with a specialty. This visa also has a numerical limit that has never been reached.

The Agreement between the United States, Mexico, and Canada ("USMCA") on trade provides for employment authorization (TN classification) for citizens of Mexico and Canada entering the United States to perform temporary work in certain "Professional Occupations" that are specifically included in the USMCA-List.

Treaty Traders and Investors 

Nationals of certain countries that are party to a special treaty with the United States may receive an E-2 investor visa if the individual or his or her company invests a substantial amount of capital in a U.S. company. Similar to the E-2 visa, the E-1 (Treaty Trader) visa category is appropriate for citizens of special treaty countries who come to the United States to conduct substantial trade in goods, services, or technology, primarily between the United States and the treaty country. Executives, managers, and certain essential employees with the same treaty nationality as the company employing them may also qualify for an E-1 or E-2 visa.

International Entrepreneurs Can Apply for "Conditional Entry" into the United States

USCIS' International Employer Rule (IER) allows lawful entry into the United States and work authorization for a period of up to two and a half years for employees/co-owners of certain start-ups who have received qualifying investments or grants.

O-1 visas for people with extraordinary abilities or achievements

The O-1A category is for individuals with extraordinary ability in science, business, education, or athletics based on demonstrated and sustained national or international acclaim and who have an offer of employment from a U.S. employer in a capacity that requires extraordinary ability. The documentary requirements for this category are extensive. The O-1B category is available to individuals with extraordinary ability in the arts, or achievements in the film/television industry, as evidenced by meeting certain criteria. O-1B temporary workers are usually sponsored by an employer or petitioning agent.

Apprentice Visas

An H-3 apprentice visa might be appropriate if the goal is to obtain job-related training for the job that will ultimately be conducted outside the United States. Work-related training should generally not be available in your home country and should not involve substantial productive employment in the United States. The J-1 exchange visitor visa can be used to provide training to individuals with a foreign (non-U.S.) degree or professional certificate and at least one year of work experience. Individuals who recently graduate from a foreign college or university may alternatively qualify as J-1 interns.

Temporary assignment abroad 

If your prospective employer maintains offices in more than one country, it may be worth asking if there are job opportunities outside the United States for which you may qualify. While abroad, your employer may pursue appropriate nonimmigrant visa options, such as those listed above, or may seek an L-1 transfer visa within the company after you have been employed abroad for at least one year in an executive, managerial, or specialized knowledge position. Note: Unless you return to your country of nationality, you may also need a work visa for the country you will be working in.

Green Card Sponsorship (Legal Permanent Residence) Through Employment 

If none of the nonimmigrant options are right for you, it may be worth considering obtaining permanent resident ("green card") status either through a petition filed by a prospective employer or self-petitioned by you as an individual.