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Provisions to Promote Research and Development in the United States Announced

As part of the President’s administrative program to expand immigration benefits under current law, two important aspects related to research and development in the United States are included.

First, DHS Secretary Johnson directed USCIS to issue guidance or promulgate regulations to clarify the standard for which a National Interest Waiver might be granted. A National Interest Waiver permits certain non-residents to seek lawful permanent residency without an employer sponsor if they have advanced degrees or exceptional abilities in their field of work. Such a waiver can currently be granted if doing so is in the national interest. Secretary Johnson hopes that clarifying the standard will mean greater use of the benefit, serving to benefit the American economy.

Second, Secretary Johnson is asking USCIS to develop a program to permit parole for cases that would benefit the American economy. Despite some people not yet qualifying for the high National Interest Waiver standard, many foreign nationals have access to resources to invest in America. Specifically, Secretary Johnson is asking that USCIS develop a parole program for “investors, researchers, and founders of start-up enterprises” on a case-by-case basis. The program would require U.S. investor financing or job creation through cutting edge research or new technologies. Parole is a liberal benefit available under current law, but with very little guidance or regulations previously established.

Ongoing stimulation of the American economy is a major goal of the President. Leveraging intending immigrants to grow our economy will ensure that America stays on the cutting edge in growing research and technology fields. 

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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.