rami-fakhoury

The Entrepreneur's Pathway: Building Your Business Dream in the United States

Wed, 18 Dec 2024 02:00:01 GMT

Michigan has long been a beacon of innovation and entrepreneurial spirit, and for international founders, the United States offers unprecedented opportunities to transform bold business ideas into reality. The International Entrepreneur Rule (IER) provides a crucial legal pathway for innovative minds from around the world to establish and grow their startups on American soil. Fakhoury Global Immigration is here to assist you through the process.

Qualifying for the Entrepreneurial Opportunity

To be eligible for the International Entrepreneur Rule, founders must meet specific criteria demonstrating their potential to create jobs and drive economic growth. Typically, this means having a significant ownership stake in a startup that has received substantial funding from recognized U.S. investors or has demonstrated considerable promise through major awards or grants.

The Parole Process

The IER allows qualifying entrepreneurs to receive an initial stay of up to two and a half years to develop their startup in the United States. This temporary parole status provides a critical window for founders to establish their business, attract additional investment, and potentially transition to more permanent residency options.

Protecting Your Business Vision

Applying for the International Entrepreneur Rule involves complex documentation and strategic planning. Our Troy-based immigration law firm understands the intricate details required to present a compelling case highlighting your startup's potential for job creation and economic impact.

Why Michigan Matters for International Entrepreneurs

Troy and the greater Michigan area offer a unique ecosystem for international businesses. With a rich history of manufacturing, technological innovation, and a diverse economic landscape, Michigan provides an ideal environment for startups looking to establish a strong foothold in the American market.

Preparing Your Application: Key Considerations

Crafting a successful IER application requires meticulous attention to detail. From documenting your startup's financial backing to articulating your business model's potential for growth, every aspect of your application must demonstrate your commitment to creating value in the U.S. economy.

Your entrepreneurial journey doesn't have to be a solitary path. By understanding the International Entrepreneur Rule and working with experienced immigration attorneys who know the nuances of startup immigration, you can transform your business dream into a tangible American reality. Contact Fakhoury Global Immigration in Troy, Michigan, today to discuss how the International Entrepreneur Rule can be the key to unlocking your business potential in the United States.

Future of Immigration: Strategic Planning for Employers

Fri, 22 Nov 2024 17:25:56 GMT

Future of Immigration: Strategic Planning for Employers

With the election of a new administration, many employers and stakeholders are seeking clarity on its evolving immigration policies. This webinar provides a detailed analysis of potential initiatives outlined in Project 2025 and their implications for limiting immigration and protecting U.S. workers and wages. Featuring Jeff Lande, a nonresident fellow at the Atlantic Council and seasoned advisor, the discussion offers actionable insights for navigating these anticipated changes.

Self-Sponsored U,S. Visa Options for High Skilled Professionals & International Students

Fri, 22 Nov 2024 17:22:42 GMT

Self-Sponsored U,S. Visa Options for High Skilled Professionals & International Students

In partnership with Global Detroit GTRI Keeping Talent in Michigan

USCIS: New Policy Guidance for EB-1A Classification

Thu, 14 Nov 2024 22:29:39 GMT

USCIS: New Policy Guidance for EB-1A Classification

On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance in its Policy Manual that clarifies the evidentiary requirements for the EB-1A classification, commonly known as the Extraordinary Ability category. The changes provide greater flexibility in the type of evidence required to meet the criteria for extraordinary ability.

To establish eligibility for the EB-1A visa, evidence must show that the person (1) has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, (2) seeks to enter the United States to continue work in the area of extraordinary ability, and (3) that their entry into the United States will substantially benefit the United States in the future. To satisfy these criteria, an applicant must either have received a major internationally recognized award (such as a Nobel Prize, Olympic gold medal, Booker Prize, Academy Award, or Turing Award to name a few) or meet at least three of ten criteria. These criteria include evidence of having played a leading or critical role in distinguished organizations, authorship of scholarly articles in professional journals or other major media, participation as a judge of the work of others in the same or related field, or evidence of original contributions of major significance in their field, among others.

The Policy Manual update simplifies the application process by expanding the range of acceptable evidence for several of the ten listed criteria, including:

1. Team Awards are Now Recognized

USCIS confirmed that team awards can count toward meeting the criterion for “lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor” (8 CFR 204.5(h)(3)(i)). Previously, USCIS would only consider awards conferred solely to the applicant, barring highly skilled individuals who work in team settings from meeting this criterion. This important change now permits individuals who work in team settings, such as researchers, scientists, architects, athletes, and musicians, to leverage team achievements, provided they are individually recognized as part of the team’s success.

For example, if a research team wins a nationally or internationally recognized award, and each member is acknowledged for their contribution, the award could now count towards meeting the EB-1 criteria for a given applicant. Similarly, members of a track or swimming relay team who win Olympic gold medals or musicians who are individually recognized as part of an award-winning group performance can use these prizes and awards to demonstrate their extraordinary ability.

By allowing team awards as well as individual achievements, this update facilitates the process for applicants, especially those who work in group settings, to meet the criteria, recognizing their individual contribution to the success of a group or team as proof that the applicant is an alien of extraordinary ability.

2. Past Memberships Now Count Towards the Membership Criterion

USCIS has clarified that past memberships in organizations based on outstanding achievements may now count toward the membership criterion, even if the membership is no longer active. Previously, the statutory language in 8 CFR 204.5(h)(3)(ii) was unclear as to whether an applicant’s membership in an association requiring outstanding achievements needed to be current to meet the criterion.

Applicants can now cite past memberships in prestigious organizations if they can demonstrate the relevance of these memberships in showcasing their achievements. For example, general membership in an international organization for engineering and technology professionals may not meet the requirements of the criterion. However, if the organization has a fellow level that requires, among other criteria, that nominees have accomplishments that contribute to important advances in engineering, science, or technology, and if a council of experts and a committee of current fellows judges these nominations, this higher fellow level could qualify.

As such, applicants will still need to provide evidentiary proof that the association requires outstanding achievements; such evidence could include the association’s specific membership criteria. Nonetheless, this is a welcome change, as it no longer limits the applicant to current memberships, broadening the scope for demonstrating extraordinary ability.

3. Requirements for Published Material About the Applicant have been Broadened

USCIS has revised the requirements for published material, removing the need for such content to highlight explicitly the applicant’s individual contributions. USCIS has acknowledged that this requirement exceeds the statutory language, which only requires that published material “relates to the alien’s work in the field for which classification is sought” (8 CFR 204.5(h)(3)(iii)). Now, the focus is on whether a publication substantially discusses the applicant’s work, even if within a broader context. For example, an article covering a team’s achievements can qualify if it mentions the applicant’s role or if other evidence in the record documents the person’s significant contributions to the work or research.

This update is particularly advantageous for individuals in collaborative work or research settings as it allows them to use publications that may not solely focus on them but still recognize their contributions. This adjustment eases the burden of proof and expands opportunities for applicants to demonstrate their extraordinary ability.

4. Clarification on the “Exhibitions” Criterion

USCIS has clarified that it will only consider for artistic exhibitions the “[e]vidence of the display of the alien's work in the field at artistic exhibitions or showcases” (8 CFR 204.5(h)(3)(vi)). Non-artistic exhibitions can still be accepted under comparable evidence, but they must be accompanied by support to meet the criteria.

This clarification is essential for artists and other professionals showcasing their work. To qualify, the exhibition must be clearly artistic, such as a solo art show, curated art collection display, solo dance performance at the Lincoln Center, film screening at the Sundance Film Festival, invited author reading at The New Yorker Festival, and other such examples. For non-artistic exhibitions like a presentation of innovative technology, comparable evidence would be needed to demonstrate that the exhibition meets the EB-1A requirements.

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These updates provide applicants with greater flexibility and clarity regarding the types of evidence they can use to qualify for the EB-1A classification. By expanding the scope of acceptable evidence, USCIS enables individuals to present a more comprehensive and compelling case for their extraordinary ability. This guidance is particularly advantageous for professionals in fields such as STEM, the arts, sports, and business, especially those with collaborative or diverse portfolios of achievements.

Despite these important and beneficial clarifications, practitioners should note that USCIS will still conduct a “final merits determination” as part of the adjudication process. This involves a two-prong approach to evaluating the evidence submitted in support of an EB-1A petition. First, the adjudicating officer must determine that the applicant has submitted evidence showing either an internationally recognized award or that they meet at least three of the ten criteria. Second, the officer must assess whether the evidence collectively demonstrates the applicant’s extraordinary ability at the required high level of expertise during the final merits determination. In practice, this two-step process can still result in USCIS examiners issuing requests for evidence (RFEs) or notices of intent to deny (NOIDs) on petitions, even where the applicant has met three or more of the criteria.

Nevertheless, USCIS’s recent updates are highly favorable, as they allow for the submission of a broader range of evidence, thus opening the EB-1A category to a wider range of candidates, particularly those in collaborative fields. By utilizing team awards, past memberships, broader published material, and supported exhibitions, applicants now have additional pathways to demonstrate their extraordinary ability and strengthen their EB-1A petitions.

Fakhoury Global Immigration (FGI) is committed to helping clients understand and use these updates to maximize their chances of success in obtaining EB-1A visas. Contact our team for a consultation on how these changes may benefit your case ( Global Representation | Immigration Lawyer | Fakhoury Global (fgihsi.com) ).

For more information and the complete update, visit the USCIS Policy Manual, Volume 6, Part F, Chapter 2 .

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at highskilled@fakhouryglobal.com or (+1) 248.643.4900 for guidance if you have specific questions.

Written by Benedicte Boutrouille Esq. Senior Attorney

EACC Florida and Fakhoury HSI

Fri, 25 Oct 2024 21:50:39 GMT

EACC Florida and Fakhoury HSI

On October 23–25, 2024, the UK Department for Business and Trade led a delegation of UK tech-in-logistics companies and start-ups to Miami to explore opportunities and connections with relevant stakeholders and buyers. As part of this initiative, EACC Florida hosted a seminar “Why Florida? What Business Leaders Need to Know When Considering Expanding into the US/Florida.”

Among the distinguished panelists was Benedicte Boutrouille, Senior Attorney at Fakhoury Global Immigration HSI. Leveraging her extensive expertise in immigration law and her deep understanding of the complexities of cross-border business expansion, Benedicte provided invaluable insights into navigating U.S. immigration pathways for foreign entrepreneurs and companies. She addressed key visa options, compliance challenges, and how to successfully transition to the U.S. market, emphasizing the critical role of talent mobility in establishing a robust business presence in Florida.

Benedicte’s contributions highlight the importance of immigration planning as a foundational aspect of a company’s U.S. market entry strategy. Her insights, coupled with the diverse perspectives of other panelists, strengthened the dialogue, offering the audience a comprehensive overview of the legal, financial, and cultural considerations when expanding their international business into Florida.

At Fakhoury HSI, we build partnerships with local communities and innovation hubs to drive economic growth and support global talent. Much like EACC Florida's efforts to equip international businesses for U.S. success, Fakhoury HSI collaborates with universities, accelerators, and entrepreneurial hubs to provide immigration solutions and educational programs. These initiatives strengthen local economies by connecting diverse talent with opportunities, fostering innovation, and supporting seamless transitions for high-skilled individuals into the U.S. workforce.

Fakhoury HSI Thanks EACC Florida for Championing Global Business Connections.

Photo credit: Courtesy of EACC Florida.

USCIS Updates O-1 Guidance in Policy Manual

Wed, 17 Jan 2024 17:25:18 GMT

USCIS Updates O-1 Guidance in Policy Manual

USCIS Issues Updated Guidance on O-1 Nonimmigrants of Extraordinary Ability

On January 8, 2025, USCIS released updated guidance in the Policy Manual to clarify how evidence is evaluated for O-1 nonimmigrant visas for individuals with extraordinary ability or achievement. The guidance includes new examples of evidence for individuals working in critical and emerging technologies.

Key Highlights of the Update:

1. Expanded Filing Options

A separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may now file a petition on the beneficiary’s behalf.

2. Evidentiary Criteria Guidance

Clarifications are provided for O-1A (extraordinary ability in sciences, education, business, or athletics) and O-1B (extraordinary ability in arts or achievements in the motion picture or television industry) petition criteria.

3. Examples of Relevant Evidence

The update adds examples of evidence that may be submitted by interested U.S. government agencies to support petitions.

4. Occupational Changes within Technological Fields

Provides examples of scenarios involving occupational changes within a technological field, ensuring that petitions reflect evolving career trajectories.

5. Extension of Stay Clarifications

Outlines circumstances under which extensions of stay for O-1 nonimmigrants may be limited to one year.

Alignment with National Policy

This updated guidance aligns with President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (issued October 30, 2023). The order emphasizes modernizing immigration pathways for experts in artificial intelligence and other critical and emerging technologies, including O-1A nonimmigrants.

Background on O-1 Visas

O-1 nonimmigrant status is available to individuals with extraordinary ability in the sciences, arts, education, business, or athletics, and individuals with a record of extraordinary achievement in the motion picture or television industry.

How This Impacts Petitioners

These updates provide clearer guidelines and greater flexibility for individuals and entities seeking to file O-1 petitions. The inclusion of examples specific to critical and emerging technologies reflects USCIS’s commitment to supporting innovation and national competitiveness. Petitioners should ensure their documentation highlights extraordinary achievements and their relevance to the proposed field of endeavor.

Learn More

To review the updated guidance in full, visit the USCIS Policy Manual , Volume 2, Part M. For expert legal assistance with preparing an O-1 petition, book a consult with our team Fakhoury High Skill Immigration . Our dedicated team specializes in immigration solutions for high skilled individuals across all fields. Follow us on LinkedIn and other socials for insights and updates.

USCIS Updates Policy Guidance on National Interest Waiver (NIW) Petitions for EB-2 Classification

Wed, 17 Jan 2024 17:19:57 GMT

USCIS Updates Policy Guidance on National Interest Waiver (NIW) Petitions for EB-2 Classification

U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance to clarify the evaluation criteria for eligibility under the employment-based second preference (EB-2) classification for immigrant petitions filed with a request for a National Interest Waiver (NIW). This update is effective immediately and applies to all pending and future NIW petitions filed on or after the publication date.

Key Updates and Clarifications:

EB-2 Classification and NIW Overview

Generally, an employer files an EB-2 petition using Form I-140, Immigrant Petition for Alien Workers, after obtaining a labor certification from the Department of Labor.
USCIS can waive the job offer and labor certification requirements if doing so is deemed in the national interest of the United States.
Individuals seeking an NIW may self-petition without the need for an employer.

2. Eligibility Criteria for NIW

Petitioners must first demonstrate eligibility for the EB-2 classification, which requires either:
Membership in the professions holding an advanced degree, or
Exceptional ability in the sciences, arts, or business.

3. Occupation and Experience Considerations

For advanced degree professionals, USCIS will assess whether the proposed endeavor’s occupation qualifies as a profession.
The guidance clarifies that 5 years of post-bachelor’s experience must be in the relevant specialty to meet advanced degree requirements.

4. Exceptional Ability Alignment with Proposed Endeavor

For individuals of exceptional ability seeking an NIW, USCIS will evaluate how the individual’s exceptional abilities relate directly to the proposed endeavor.
The relationship will be determined on a case-by-case basis, with emphasis on shared skillsets, knowledge, or expertise relevant to the endeavor.

5. National Importance of the Proposed Endeavor

USCIS has refined its approach to assessing whether a proposed endeavor holds national importance.
Supporting evidence, such as letters of support and business plans, will be thoroughly evaluated to determine whether the petitioner is well-positioned to advance their proposed endeavor.

6. STEM Fields and Entrepreneurial Considerations

The updated guidance builds on prior policy changes addressing advanced degree professionals in science, technology, engineering, and math (STEM) fields and entrepreneurs.

Implications for Petitioners

This updated guidance provides greater transparency and consistency in the adjudication process for NIW petitions. Petitioners should ensure their documentation clearly demonstrates the alignment between their qualifications, the national importance of their proposed endeavor, and their ability to advance the endeavor effectively. Evidence such as detailed business plans, comprehensive letters of support, and robust documentation of achievements will play a critical role in demonstrating eligibility.

For more details on these updates, visit the USCIS Policy Manual , Volume 6, Part F, Chapter 5. At Fakhoury High Skill Immigration , we specialize in guiding petitioners through every step of the EB-2 visa process, from assessing eligibility to building a strong, well-documented profile. Our team helps demonstrate qualifications, connect exceptional skills to proposed endeavors, and craft compelling petitions tailored to USCIS guidelines. We are here to provide strategic support to position petitioners for success in achieving their goals. Follow us on LinkedIn and other socials for insights and updates.

rami-fakhoury

The Entrepreneur's Pathway: Building Your Business Dream in the United States

Qualifying for the Entrepreneurial Opportunity

The Parole Process

Protecting Your Business Vision

Why Michigan Matters for International Entrepreneurs

Preparing Your Application: Key Considerations

Future of Immigration: Strategic Planning for Employers

Future of Immigration: Strategic Planning for Employers

Self-Sponsored U,S. Visa Options for High Skilled Professionals & International Students

Self-Sponsored U,S. Visa Options for High Skilled Professionals & International Students

﻿ In partnership with Global Detroit GTRI Keeping Talent in Michigan

USCIS: New Policy Guidance for EB-1A Classification

USCIS: New Policy Guidance for EB-1A Classification

EACC Florida and Fakhoury HSI

EACC Florida and Fakhoury HSI

USCIS Updates O-1 Guidance in Policy Manual

USCIS Updates O-1 Guidance in Policy Manual

Key Highlights of the Update:

Alignment with National Policy

Background on O-1 Visas

How This Impacts Petitioners

Learn More

USCIS Updates Policy Guidance on National Interest Waiver (NIW) Petitions for EB-2 Classification

USCIS Updates Policy Guidance on National Interest Waiver (NIW) Petitions for EB-2 Classification

Key Updates and Clarifications:

Implications for Petitioners

In partnership with Global Detroit GTRI Keeping Talent in Michigan