foreign entrepreneurs

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DHS Seeks Comments on Proposed International Entrepreneur Rule

The Department of Homeland Security is currently seeking comments on its proposed rule creating regulatory guidelines for the discretionary grant of parole to international entrepreneurs, in order to facilitate entrepreneurship, innovation, and job creation in the United States.

The proposed rule seeks to establish a framework for granting parole to entrepreneurs based on the creation of a startup entity in the United States. In order to receive parole under the rule, the entrepreneur would need to demonstrate that the United States would receive a significant public benefit from the creation of a new startup entity with significant potential for rapid growth and job creation. This potential for growth and job creation would have to be demonstrated by significant capital financing from U.S. investors with established records of successful investments, or grants or awards from Federal, State or local government entities. The grant of parole would then allow the applicant to oversee and grow the startup in the United States, maintaining an active and central role in its operations. Under the rule, entrepreneurs would be able to receive an initial 2-year grant of parole, with one additional 3-year extension available based on the initial success of the startup.

The full text of the proposed rule can be found here. DHS is accepting comments until October 10, 2016.

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More than Half of U.S. Startups Valued at More than $1 Billion are Founded by Immigrants

A study recently released by the National Foundation for American Policy has found that more than half of startups in the United States that are valued at more than $1 billion are founded by immigrants.  In addition, the study found that in 71% of these $1 billion startups immigrants occupy important management and product development positions.  While the majority of foreign entrepreneurs who have founded $1 billion startups in the United States hail from India, nationals from Canada, the United Kingdom, Argentina, and Singapore also made the list.

At present, there are only a select few visas that allow entrepreneurs to come to the United States for work.  Business and work visas are limited, with the ever-popular H-1B visa being a challenge for many to attain due to the limited number of visas available each fiscal year (65,000 plus 20,000 for the Masters CAP).  According to the report by the National Foundation for American Policy, the $1 billion startups in the United States owned by immigrants currently employ more than 33,000 people and are valued at a combined $168 billion.  Given the success of these companies, supporters argue that United States immigration laws should be updated to provide for an easier path for foreign entrepreneurs to come to the United States.  To learn more about what visas are available for entrepreneurs in the United States please schedule a consultation with one of our attorneys.

 

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