WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment. “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 Secretary Napolitano. “Today’s announcements will help our nation fully realize the potential of existing immigration laws.” “Current immigration laws support foreign talent who will invest their capital, create new jobs for American workers, and dedicate their exceptional talent to the growth of our nation’s economy,” said Director Mayorkas. “USCIS is dedicated to ensuring that the potential of our immigration laws is fully realized, and the initiatives we announce today are an important step forward.” These actions mark the six-month anniversary of Startup America, a White House-led initiative to reduce barriers and accelerate growth for America’s job-creating entrepreneurs…

The administration of this web log asks readers to click upon the relevant hyperlinks above in order to read this article in detail.

In previous postings on this blog it has been noted that travel documents such as the EB-5 visa can be a satisfactory tool for those wishing to travel to the United States for the purposes of investing and residence. It should be noted that there are other employment based visa categories such as the EB-2 visa, the EB-3 visa, the EB-1 visa, and the EB-4 visa which may be used by individuals who find themselves in differing factual circumstances. Meanwhile, visas such as the L-1 visa and the E-2 visa are often used by non-immigrants who wish to travel to the United States of America for the purpose of either undertaking specialized employment or investing in a small business therein. That stated, those seeking immigration benefits are well advised to contact an American immigration lawyer since issues associated with American immigration can be legally complex and the process can sometimes prove cumbersome for those unaccustomed to dealing with matters pending before various agencies within the American federal bureaucracy.

In news pertaining to the continuing struggle for LGBT Equality, it recently came to this blogger’s attention that an attorney for the United States government has filed a response in a case involving a New York woman suing the government to have her same sex marriage recognized. To quote directly from a posting by Mark Hamblett for the New York Law Journal on the website Law.com:

Congress has fired back in a lawsuit challenging the constitutionality of the Defense of Marriage Act’s definition of marriage as between one man and one woman. In a motion to dismiss in the Southern District, former solicitor general Paul D. Clement and his legal team argue that the act, 1 U.S.C. §7, is entitled to a presumption of constitutionality, and that U.S. Supreme Court precedent holds that an exclusively heterosexual definition of marriage does not offend the equal protection clause. The motion came in Windsor v. United States, 10-cv-8435, which was brought by Edith Schlain Windsor…In his papers yesterday, Mr. Clement said that rational basis review, not heightened scrutiny, is the appropriate standard in judging the constitutionality of the statute and §3 “easily” passes that less exacting standard. In support of that view, he argues that DOMA does not infringe on the fundamental right to marriage, that “same-sex marriage is not a fundamental right” and that “DOMA implicates federal benefits, not the right of same-sex couples to marry.” Under the rational basis test, Mr. Clement said, Congress could have acted rationally “in the face of the unknown consequences of a proposed novel redefinition of the foundational social institution,” and it could have acted rationally to “protect the public fisc” in the balance it strikes in allocating federal burdens and benefits, and providing “consistency in eligibility for federal benefits based on marital status.” Congress also could have acted rationally “to avoid creating a social understanding that begetting and rearing children is not inextricably bound up with marriage” and to “foster marriages that provide children with parents of both sexes.”

This blogger recommends that readers click upon the hyperlinks above to read this article in detail as it is very enlightening about this case and the issues associated therewith.

The case noted above is interesting insofar as the underlying same sex marriage appears to have been legalized in Canada as opposed to another United States jurisdiction. How this fact will color a final adjudication remains to be seen, but it could have an adverse impact upon the outcome of the case as Full Faith and Credit issues pursuant to the Full Faith and Credit Clause of the United States Constitution may not be relevant under the circumstances. Frequent readers may recall that in an immigration context the so-called “Defense of Marriage Act” precludes immigration benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa from same sex bi-national couples even if they have been married in an American jurisdiction which legalizes and/or solemnizes same sex marriages. Legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) and the Respect for Marriage Act (RFMA) would ameliorate this discrimination, but such legislation has yet to see enactment.

For information related to legal services in Southeast Asia please see: Legal.

Employment-Based Immigration: Fourth Preference EB-4

You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

• Religious Workers
• Broadcasters
• Iraqi/Afghan Translators
• Iraqis Who Have Assisted the United States
• International Organization Employees
• Physicians
• Armed Forces Members
• Panama Canal Zone Employees
• Retired NATO-6 employees
• Spouses and Children of Deceased NATO-6 employees

Petitioning for an Employment-Based Fourth Preference Immigrant

To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf. Please review the form instructions to see if you are eligible to self petition and what required supporting evidence needs to be included.

Readers are asked to remember that the above citation is not a satisfactory substitute for a full analysis of issues associated with the EB-4 visa especially as each individual immigration case is adjudicated pursuant to the unique factual circumstances present in the given situation.

This blogger has found that some of those who research this area confuse the EB-4 visa with the E-1 visa or the E-2 visa. In some cases, this category gets confused with the EB-5 visa. Regardless, the EB-4 visa is a stand alone visa category which provides the benefit of lawful permanent residence to the bearer upon lawful admission to the United States of America. Clearly, the criteria for EB-4 visa issuance are less stringent than, say, the EB-1 visa; but this visa category is still heavily scrutinized by adjudicators and for this reason prospective EB-4 visa seekers should be prepared to undergo such an adjudication by USCIS.

Concurrently, it should also be noted that those foreign nationals seeking an EB-4 visa abroad are likely required to undergo Consular Processing at a US Embassy or US Consulate abroad in order to ultimately hope to receive a visa. Consular Officers at US Missions abroad are tasked with the responsibility of adjudicating visa applications for those foreign nationals wishing to travel to the United States of America.

For related information please see: US Visa Thailand.