U.S. Citizenship and Immigration Services (USCIS) has provided new interpretations regarding the high-skilled immigrant visa (EB-2). In addition to applying for investment-based immigrant visas under existing conditions, foreign entrepreneurs or highly skilled professionals may also apply for a National Interest Waiver (NIW) if they can demonstrate that their business is in the interest of the United States.
This move by the immigration authorities aims to improve immigration processing procedures to attract more high-skilled talent and investment, thereby driving U.S. economic development and increasing employment opportunities. The immigration authorities emphasized that the application standards for various visas have not changed; the above regulations are merely interpretations of existing policies rather than amendments, and therefore do not require congressional approval and are expected to be implemented soon.
Although these interpretations help improve existing processes, there have been no fundamental adjustments to U.S. investment immigration policies. The three types of visas mentioned above remain subject to strict restrictions, and true change still requires the support of Congress.
The EB-5 visa is intended for foreign investors, with an annual quota of 10,000. Applicants must invest $1 million in the United States to establish a new enterprise and directly create at least 10 jobs within two years, or significantly expand an existing U.S. company through investment. Generally, it takes the government six months to one year to process this application.
For example, reforms such as workplace monitoring, the imposition of high fees, and the setting of caps in H-1B reviews all require promotion at the congressional level. The H-1B visa is a type of temporary work visa provided by the United States for the introduction of foreign professional technical personnel.
Applicants must possess certain professional theoretical and practical knowledge and have completed professional courses in higher education. The EB-2 visa is intended for foreign nationals who hold advanced degrees and possess exceptional ability in the sciences, arts, education, or business that will significantly benefit the U.S. economy, culture, or education. The annual quota is 40,000.
Generally, applicants need to complete complex labor certification to prove to the government that the company truly needs to hire a specific foreign national. This interpretation means that they may also pursue a simpler path by applying for a "National Interest Waiver."