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USCIS Proposes Rule to Welcome International Entrepreneurs
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Re: USCIS Proposes Rule to Welcome International Entrepreneurs
#72I wish having an advanced degree was a criteria here. A few years ago, I noticed that Britain would give a blanket visa to anyone with an MBA from a list of top international schools. How about something like that for people with Masters/PhDs (in STEM) from top-50 schools in the world. That said, the proposed rule might mean if one gets into YC/techstars, etc. they would be able to get a visa for the US easily. The l…
So only people who have Master's degrees are capable of launching successful businesses?
I would argue that people with masters degrees, especially MBAs, are actually less suited to launching successful businesses.
Re: USCIS Proposes Rule to Welcome International Entrepreneurs
#73Earlier quoted context omitted.
I have been using a book called 'the Shenzhen insider's guide' [1] as a reference to help me understand what I need to do to setup something there. There is an entire chapter 'Business in Shenzhen' that lays out the groundwork needed to setup operations in Shenzhen and the different types of entities allowed to do business there. There may be advantages to having a Chinese partner in the setup. I am currently only at…
In my experience, if something is hard to do in the USA, it is much harder to in China, which doesn't really acknowledge immigrants. Now, this is just "by the book", which the USA takes much more seriously than China. Often times, the book in China isn't even written and all they will say is "没办法", your only option is a tourist visa where they wink you'll probably be ok, unless you are unlucky enough to be caught in…
In the same vein, for those in the USA trying to do business elsewhere, please be aware of the Foreign Corrupt Practices Act [1]. There is no upside to breaking those rules.
Sean, my Mandarin/Chinese is at below beginner's level. My google translate of your phrase is 'no way'. Was that what you were saying?
1. https://www.justice.gov/criminal-fraud/foreign-corrupt-pract...
Re: USCIS Proposes Rule to Welcome International Entrepreneurs
#74It looks like this rule would provide the entrepreneur a 5 year stay (2+3 additional if the start-up is doing well), but I don't see any mention of granting a green card, so what would happen to that entrepreneur on year 6? EDIT: from the medium link posted in another comment by yurisagalov: > DHS will also publish guidance to clarify when entrepreneurs may self-petition for lawful permanent residence (also known as…
It appears, it has the same issue as H-1B visas. At least in my opinion. If your business fails and you invested 5 years of your life, you are kicked out of the country and have to move your family and everything back to wherever you came from. This big uncertainty of the future is, in my opinion, a huge negative of both H1B and this parole.
> It appears, it has the same issue as H-1B visas. At least in my opinion.
For India/China natives on EB-2 or EB-3 categories, I agree.
For all the others, being able to self-petition for the green card as an entrepreneur means you won't need a company to sponsor you. (or your own start-up is sponsoring you?), and the full process could be done in less than 5 years. The downside here would be the legal costs and hassle associated with it that you would have to take care of.
Re: USCIS Proposes Rule to Welcome International Entrepreneurs
#75There's already a visa deal for foreign investors, the EB-5 visa. You have to invest at least $1M ($0.5M if you're willing to invest in a bad area of the US) and create 10 jobs.
That's why downtown Palo Alto has all those rug stores.
Re: USCIS Proposes Rule to Welcome International Entrepreneurs
#76I wish having an advanced degree was a criteria here. A few years ago, I noticed that Britain would give a blanket visa to anyone with an MBA from a list of top international schools. How about something like that for people with Masters/PhDs (in STEM) from top-50 schools in the world. That said, the proposed rule might mean if one gets into YC/techstars, etc. they would be able to get a visa for the US easily. The l…
How about something like that for people with Masters/PhDs (in STEM) from top-50 schools in the world.
If the idea is to attract entrepreneurs, what would be the point? There are already plenty of options for people on traditional career paths -- and that's what an advanced degree from a top university is fundamentally all about these days. (Just ask Chinese parents.)
Re: USCIS Proposes Rule to Welcome International Entrepreneurs
#77My prediction: This too will be gamed just like the rest of the immigrant worker visa systems (H-1B, OPT, O-1, EB-5, etc). That big fat vague 3rd criteria will see to it. A whole cottage industry of immigration attorneys who specialize in this visa will crop up to prey on unsuspected foreigners and collude with the knowing and corrupted ones. The fact of the matter is most foreigners complaining about not being able…
It's worth noting that granting parole seems to be entirely at the USCIS's discretion:
"Under this proposed rule, DHS may parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises"
I think this is different from visas where the applicants/petitioners have at least some legal rights: The USCIS are probably aware that some people are gaming the current visa system, but they may be "forced" to approve visa petitions if all the criteria are met - even in cases where they're obviously not in "the spirit of the law".
The USCIS can likely just refuse to give parole under the new rule if they think someone is abusing the system - and blacklist any startup investors they believe is aiding in such behavior.
You prediction may be right, but I think there's reason to be optimistic. The rule can also be changed more easily than laws if abuse is detected while providing valuable data that can guide future startup visa legislation.
Re: USCIS Proposes Rule to Welcome International Entrepreneurs
#78Earlier quoted context omitted.
It appears, it has the same issue as H-1B visas. At least in my opinion. If your business fails and you invested 5 years of your life, you are kicked out of the country and have to move your family and everything back to wherever you came from. This big uncertainty of the future is, in my opinion, a huge negative of both H1B and this parole.
If you have a path to a green card then 5 years is a pretty solid amount of time for most places (not india/china). If they made it a separate quota for entrepreneurs then you could get most people a green card within that timeline.
> If you have a path to a green card then 5 years is a pretty solid amount of time for most places (not india/china).
Agreed. However, since you can't self-petition in most cases, it is unclear if you have a path or not.
Re: USCIS Proposes Rule to Welcome International Entrepreneurs
#79It's pretty cool that they're proposing parole rather than an actual visa - I never thought of that possibility, but it seems to fix a lot of policy-related issues, such as visa caps, and allow qualifying entrepreneurs faster entry. Might short-circuit the process and we don't have to wait for politicians to agree that a founder visa makes sense. Founders also wouldn't have to get a certified LCA or meet minimum wage…
Parole is a terrible experience on the ground. Yea you get into the states, but you'll be sent to secondary every time you cross the border while they validate your parole status. It seems to be a trend for the US to make the immigration experience more and more demeaning in practice.
I can attest to this. Every time I enter on AP I get sent to secondary. Last time I had good experience though. I was cleared within 10 mins.
Re: USCIS Proposes Rule to Welcome International Entrepreneurs
#80Earlier quoted context omitted.
In my experience, if something is hard to do in the USA, it is much harder to in China, which doesn't really acknowledge immigrants. Now, this is just "by the book", which the USA takes much more seriously than China. Often times, the book in China isn't even written and all they will say is "没办法", your only option is a tourist visa where they wink you'll probably be ok, unless you are unlucky enough to be caught in…
In the same vein, for those in the USA trying to do business elsewhere, please be aware of the Foreign Corrupt Practices Act [1]. There is no upside to breaking those rules. Sean, my Mandarin/Chinese is at below beginner's level. My google translate of your phrase is 'no way'. Was that what you were saying? 1. https://www.justice.gov/criminal-fraud/foreign-corrupt-pract...
Yes, 没办法 just means "what you want to do is impossible, though (often implied) should be possible."
FCPA applies not just to Americans, but anyone who does business in the USA, so even non Americans can be caught up in it, and many developed countries have their own versions of it.
I don't think bribes fly around so easily these days. At least nothing overt, though the Chinese partner they thrust on you is often just a backdoor bribe that looks legit on paper.