On August 2, 2011 United States Citizenship and Immigration Services (USCIS) announced an initiative to promote start up enterprises and spur job creation. The purpose was to to find ways to stimulate investment in the US by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form start up companies, and invest capital in areas of high employment. The press release from USCIS states that these actions “mark the six-month anniversary of starup America, a whitehouse-led initiative to reduce barriers and accelarate growth for America’s job creating entrepreneurs.” The press release went further with a questions and answers section relating to the start up initiative. Specifically, the frequently asked questions section discussed how the current set of laws relating to EB2 National Interest Waivers and EB5 fulfill the initiative. As a Chicago Immigration lawyer, I applaud USCIS’s resourcefulness. However, its an example that USCIS is being handicapped by Congress and the President’s lack of willingness to pass relevant laws to meet the objectives, mainly to ” reduce barriers and accelerate growth for America’s job creating entrepreneurs.” In essence, the current laws are being twisted and turned to show that they meet the objectives for entrepreneurs and job creation in the United States. Similar to a judge being only able to judge a case by the laws that she has to work with, USCIS is required to adjudicate the immigration cases before it with the current set of laws, no matter how inadequate the laws may be to address the needs of attracting growth and job creation in America. This is not a slam on any particular political party, but rather support for the criticism that politicians on both sides of the aisle are not addressing the problems our country faces. It’s very noble, and easy, to say that America is competing to attract investment from around the world for job growth. However, there must be mechanisms in place to accomodate these policies and support these statements. Congress should be working with the president and vice versa. There are many people out of work in this depression we are encountering and some simple immigration steps could be taken to help with this problem, maybe not solve the problem, but at least take steps in the right direction. Overall USCIS does a great job, however, like Judges, they do not make the laws and consequently are being required to twist and turn the current laws to meet the needs of the country. Back to the frequently asked questions section. My main criticism is that EB2 National Interest Waiver is a really high standard i.e. showing that an entrepreneurs presence (or business) is in the national interest of the United States. An entrepreneur wanting to invest in the US must meet the NYSDOT National Interest Waiver test, specifically, the 3 prongs set forth in the NYSDOT case must be met.