Recently, CNN Money ran an article discussing the immigration difficulties that an Israeli businessman is facing to remain in the United States. The immigrant started a software company in San Fransisco in 2010, and has already created 15 US worker positions. In addition, the company needs to hire 10 additional workers. Given the company’s success, you would think that the immigration agency would be working diligently to make sure the Israeli businessman stayed in the United States… but that is not the case.
The businessman has run into the dilemma that the US does not have an “entrepreneur’s visa” and requires entrepreneurs to pigeon hole themselves into other employment-based visas that do not quite fit the needs of an entrepreneur. In this case, it appears that the businessman applied to stay in the United States through the H-1B visa. However, the USCIS is questioning whether or not he has the correct employee-employer relationship required for the H-1B visa category. This, despite the fact that USCIS said it was trying to make itself more accommodating to entrepreneurs. Lets hope common sense will prevail, and the businessman finds a suitable immigration solution.