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  • Article: New USCIS Proposal Could Unlock the Door for Immigrant Entrepreneurs By Bernard Wolfsdorf

    New USCIS Proposal Could Unlock the Door for Immigrant Entrepreneurs

    by


    U.S. Citizenship and Immigrant Services (USCIS) has proposed a new rule allowing foreign entrepreneurs to be granted temporary permission (parole) to be in the United States in order to start their businesses. The International Entrepreneur Rule would extend the Department of Homeland Security’s discretionary parole authority with the goal to “increase and enhance entrepreneurship, innovation, and job creation in the United States”.

    The new rule would provide entrepreneurs (on a case-by-case basis), who are starting up a business in the United States, a temporary initial stay of up to 2 years with the option to extend this by an additional 3 years. Parole would be granted to enable entrepreneurs to actively operate and grow their businesses.

    Eligibility factors for entrepreneurs include:

    • Significant ownership interest in the startup of at least 15%
    • Active, central role in operations of the startup
    • Startup formed in the U.S. within the past three years
    • Startup has demonstrated potential for “rapid business growth and job creation”
      • Receipt of significant capital investments from qualified U.S. investors with record of successful investments (at least $345,000);
      • Receipt of awards or grants of at least $100,000 from federal, state or local government entities;
      • Partially satisfying one or both of the above criteria with other evidence of the startup’s potential for rapid growth and job creation

    The public has 45 days from the date of publication to comment on the proposed International Entrepreneur Rule.

    The new rule could potentially have a large impact on those relying on securing one of the limited H-1B visas by serving as an alternative option to the H-1B and its cap quota. It will also potentially give options to self-employed entrepreneurs who have additional difficulties in obtaining H-1B visas.

    If you have any questions about the proposed rule change or want to schedule a professional consultation, please contact a Wolfsdorf Rosenthal LLP attorney to discuss your case.

    This post is designed to provide practical and useful information on the subject matter covered. However, it is provided with the understanding that no legal, tax, accounting, or other professional services are being rendered or provided. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

    This post originally appeared on Wolfsdorf Immigration Law Group. Copyright © 2016 Wolfsdorf Connect - All Rights Reserved. Reprinted with permission.


    About The Author

    Bernard Wolfsdorf Bernard Wolfsdorf is the managing partner of the top-rated law firm, Wolfsdorf Rosenthal LLP (www.wolfsdorf.com), and the past national president of the 14,000-member American Immigration Lawyers Association (AILA). Established in 1986, Wolfsdorf Rosenthal LLP is known worldwide for providing exceptional quality legal services. With 19 lawyers and offices in Los Angles and New York, the firm was recently listed as a top-tier immigration practice by Chambers & Partners with several of the firm's attorneys listed in the 2015 International Who's Who Legal. Mr. Wolfsdorf specializes in EB-5 investment immigration in addition to the full range of global immigration matters.


    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

    Comments 1 Comment
    1. Frank1472's Avatar
      Frank1472 -
      Hi, can this be file with form 212(d)(3) with an applicant with a drug felony?
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