As Justice Louis Brandeis famously observed, “[s]unlight is said to be the best of disinfectants ….”1 U.S. Citizenship and Immigration Services (USCIS)—the agency within the Department of Homeland Security (DHS) that decides which foreign entrepreneurs, investors, professionals and scientists are allowed to work in America—has chosen to employ other, more recently developed remedies. It has opted for intubation (a means of introducing fresh air into an afflicted body) and business incubation (a way of providing fresh ideas and a supportive, nurturing environment to fledgling, unstable but promising enterprises)2 as the best ways to cure many of the maladies that chronically sap this nine-year-old agency.

On Oct. 11, 2011, USCIS Director Alejandro Mayorkas unveiled a novel business incubator program, “Entrepreneurs in Residence.”3 Although not the first federal program to marshal the savvy of the entrepreneurial set (that feather apparently goes to the Food and Drug Administration),4 the immigration initiative “will utilize industry expertise to strengthen USCIS policies and practices” affecting foreign “investors, entrepreneurs and workers with specialized skills, knowledge, or abilities.”

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