I am pleased and honored to announce that I will be speaking at the national Annual American Immigration Lawyers Association Conference next week in Las Vegas. This conference regularly attracts thousands of immigration practitioners from around the country. I will be joining two colleagues, Robert Divine and David Grunblatt, on a panel about “Complex Visa Issues for Entrepreneurs.”  We will discuss attempts by USCIS to (supposedly) enhance opportunities for entrepreneurs within the confines of existing immigration law, since Congress has failed to pass legislation that would upgrade visa opportunities for the modern business age.  We will address nonimmigrant visa options and Executive Actions that the President has taken and was supposed to take by now. I will be discussing the use of the EB-1 extraordinary ability and outstanding researcher, and EB-2 Exceptional Ability and National Interest Waiver categories.

It seems that every year USCIS comes out with a big announcement the week of the Annual AILA conference. We are still looking for pronouncements on expansion of National Interest Waiver policy for entrepreneurs and a possible “Significant Public Benefit” parole for some entrepreneurs.  Since the Obama administration has only a few months left, it is a now or never situation for these possible benefits for entrepreneurs.  Otherwise, we have to wait and see the make up of the new Congress and who gets elected to be President.  The new President and Congress take office in January 2017.  In the meantime, the US Supreme Court is due to announce its opinion about the scope of Executive Action in the United States v. Texas case either next Monday the 20th or June 27.  Although the case does not deal with entrepreneur immigration per se, it will address the scope of President Obama’s authority as it pertains to Executive Actions to defer deportations that could affect the next President and similar actions taken on non-immigration issues. Stay tuned.