With unemployment rate hovering in the 9 to 10 percent range, the U.S. government is turning to foreign entrepreneurs in an effort to spur the economy. By "clarifying" visa rules, the U.S. Citizenship and Immigration Services (USCIS) hopes that foreign nationals already in the U.S. for advanced degrees will stay and open businesses, and that skilled workers will have an easier time being admitted to the U.S. for work.

Currently, many foreign nationals are finding it difficult to receive temporary work visas or permanent residence in the United States. The USCIS plan would make it easier to receive visas or green cards, especially for prospective immigrants that would like to establish a company in a high-tech industry. Specifically, the plan looks to clarify the process of granting H1-B visas, EB-2 visas and EB-5 visas.

H1-B visas are given to workers in specialty occupations. These visas are often used in the software industry. Under the USCIS plan, H1-B visas will be available to sole entrepreneurs if applicants' employment is decided by corporate boards or shareholders of the start-up companies.

EB-2 visas would be made available to foreign entrepreneurs whose business interests are in the national interest of the U.S., even though entrepreneurs do not have specific job offers in the U.S.

EB-5 visas grant permanent residency (green cards) to foreign businessmen and women who invest a minimum of $500,000 in a venture in the United States that creates at least 10 jobs. The new plan will make the approval process for EB-5 visas faster by hiring more workers for the intake and review process and making the rules for granting these visas more flexible.

Foreign entrepreneurs looking to immigrate to the United States should speak to an experienced immigration attorney to learn how the USCIS visa clarifications may apply to them and help them qualify for an H1-B, EB-2 or EB-5 visa.

Source: The Wall Street Journal, "U.S. to Assist Immigrant Job Creators," Miriam Jordan, August 2, 2011.