Green and Spiegel Investor Team attorneys Matthew T. Galati and Jonathan A. Grode were published in Law360 on January 10, 2017. The team authored an article entitled “A New and Promising Immigration Tool for Entrepreneurs,” an in-depth analysis of a recent USCIS Administrative Appeals Office decision, Matter of Dhanasar. According to Galati and Grode, the decision is “potentially a game-changer in how entrepreneurial-minded individuals can utilize the EB-2 national interest waiver (NIW) to secure a green card.” Specifically, they argue that for certain immigrant business models, USCIS is “signaling that the NIW door is now wide open,” departing from a history of inflexibility and ambiguity in how previous NIW procedures applied to entrepreneurial immigrants.
Notably, the NIW immigration category would pose key advantages over the Direct EB-5 visa option, including no per se investment amount, no conditional residency, the ability to concurrently file for adjustment in non-backlogged categories, and relatively greater flexibility.
Galati and Grode’s article is available on Law360 at https://www.law360.com/immigration/articles/878502/a-new-and-promising-immigration-tool-for-entrepreneurs (paywall). A PDF is also attached to this post.
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