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USCIS Proposes Rule to Welcome International Entrepreneurs

uscis.gov

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Re: USCIS Proposes Rule to Welcome International Entrepreneurs

#31

Post by witty_username »

gjkood wrote: post #23

If you are a hardware entrepreneur there may be better options than trying to set up in the USA. Try setting up shop in Shenzhen, China. Just spent a week over there. It is truly a Hacker's Paradise. You can validate your ideas and get an MVP out in much faster time than the USA. You can be close to your eventual supply chain when you do make it big. It may sound a bit like premature optimization but the advantages a…

Related:

In some documentary of some Chinese factory on Youtube, they showed an employee bicycling to a supplier to get more parts.

Re: USCIS Proposes Rule to Welcome International Entrepreneurs

#32

Post by toephu2 »

gjkood wrote: post #23

If you are a hardware entrepreneur there may be better options than trying to set up in the USA. Try setting up shop in Shenzhen, China. Just spent a week over there. It is truly a Hacker's Paradise. You can validate your ideas and get an MVP out in much faster time than the USA. You can be close to your eventual supply chain when you do make it big. It may sound a bit like premature optimization but the advantages a…

And let me guess, you went over on a 30-day (or 60 or 90 max) tourist visa? Try getting a Chinese work visa from a startup (or one you found). USCIS's new rule proposal allows entrepreneurs to stay legally in the U.S. an initial 2 years.

Re: USCIS Proposes Rule to Welcome International Entrepreneurs

#33

Post by benmarten »

Please note that this does not seem to be any improvement for citizens of "US treaty countries", e.g. most northern and western european countries. Where the needed capital investment is only needed to be substantial to get an E-2 investor/entrepreneur visa. E.g. 100-150k of initial investment needed as far as I know ;)

Re: USCIS Proposes Rule to Welcome International Entrepreneurs

#34

Post by ones_and_zeros »

My 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 to start businesses in the US don't have profitable or well funded businesses. The ones that do have profitable and well funded business can easily set up shop on US soil and don't need to immigrate here and can use L1 visas when they do need to come state side.

To me the most interesting aspect to this visa is it takes away the talking point from the H-1B proponents that immigrant workers are job creators because immigrants start companies that employ citizens.

Re: USCIS Proposes Rule to Welcome International Entrepreneurs

#35

Post by e15ctr0n »

For those looking to get a much more comprehensive look at this proposed rule from USCIS, read the advance version of the notice to be published in the Federal Register:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Article... (PDF, 649 KB, 155 pages)

The sections most relevant to those who wish to apply under this rule would be:

IV. Proposed Changes

A. Overview of Parole for Entrepreneurs (pages 30 - 32)

B. Criteria for Initial Parole (pages 32 - 52)

1. Recent Formation of a Start-Up Entity 2. Applicant is an Entrepreneur Who is Well-Positioned to Advance the Entity’s Business 3. Capital Investment or Government Funding Criteria

C. Application Requirements for Initial Period of Parole (pages 53 - 61)

1. Filing the Application for Entrepreneur Parole (Form I-941) 2. Requirement to Appear for Submission of Biometric Information 3. Income-Related Condition on Parole 4. Adjudication of Applications 5. Limitation on Number of Entrepreneur Parolees Per Start-Up Entity 6. Authorized Period for Initial Grant of Entrepreneur Parole

D. Employment Authorization (pages 61 - 66)

1. Employment Authorization Incident to Parole with a Specific Employer 2. Employment Authorization Eligibility for Spouses 3. Documentation for Employment Eligibility Verification (Form I-9)

F. Re-Parole (pages 67 - 84)

1. Criteria for Re-Parole 2. Application Requirements for Re-Parole 3. Ensuring Continuous Employment Authorization 4. Technical Changes

G. Termination of Parole (pages 84 - 87)

1. Automatic Termination 2. Termination on Notice

H. Automatic Adjustment of Investment and Revenue Amount Requirements (pages 87 - 88)

V. Statutory and Regulatory Requirements

C. Executive Orders 12866 and 13563

3. Population of Entrepreneurs Potentially Eligible (pages 103 - 116)

Re: USCIS Proposes Rule to Welcome International Entrepreneurs

#37

Post by vthallam »

A great start for sure.

>Receiving significant investment of capital (at least $345,000) from certain qualified U.S. investors with established records of successful investments

Not sure what does the qualified US investors mean though. Would seed funding/angel funding from individuals not be considered for this? I guess this has been added to avoid abuse by wealthy foreigners, but how do they determine the qualified individuals or companies?

Re: USCIS Proposes Rule to Welcome International Entrepreneurs

#39

Post by titomc »

What will happen after the 5 years stay ? Should the entrepreneur pack up and leave ? Why should an entrepreneur startup something when he/she is not sure about their residency in US. This rule says 'parole' & self petition, the residency path is not clear. And when it comes to residency, US immigration for skilled immigrants is so broken that you will regret applying for one.

Re: USCIS Proposes Rule to Welcome International Entrepreneurs

#40

Post by OmarIsmail »

slededit wrote: post #16
runesoerensen wrote: post #8

It'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 have an O1 and go through secondary every single time I enter the states. Budget a couple of extra hours when traveling to the US and you're fine. After you do it a few times and the agents see you're on the up and up the process goes quite quickly.

Relative to the effort of getting an O1 or chancing your fate to the H1-B lottery this is huge.

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