USCIS is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States. 

Read the advance version of the notice of proposed rulemaking: International Entrepreneur Rule. Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. To submit comments, follow the instructions in the notice.

The proposed rule would allow the Department of Homeland Security (DHS) to use its existing discretionary statutory parole authority for entrepreneurs of startup entities whose stay in the United States would provide a significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation.  Under this proposed rule, DHS may parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises:

• Who have a significant ownership interest in the startup (at least 15 percent) and have  an active and central role to its operations;
• Whose startup was formed in the United States within the past three years; and
• Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by:
  • Receiving significant investment of capital (at least $345,000) from certain qualified U.S. investors with established records of successful investments;
  • Receiving significant awards or grants (at least $100,000) from certain federal, state or local government entities; or
  • An applicant who partially meets one or both of the above criteria can be considered if he or she provides “additional reliable and compelling evidence” that his or her entry would provide a “significant public benefit to the United States” and which would validate the entity’s “substantial validation of the entity’s substantial potential for rapid growth and job creation.”

Under the proposed rule, entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entity in the United States.  A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to provide a significant public benefit as evidenced by substantial increases in capital investment, revenue or job creation.  If an applicant meets these criteria, the applicant, as well as his or her spouse and minor, unmarried children may be considered under this rule for a discretionary grant of parole for up to two years.  Spouses will receive open-market (unrestricted) work authorization.  Applicants will be allowed to be considered for re-parole for an additional period of up to three years if they can show that the start-up has shown signs of “significant growth” since the initial grant of parole and the start-up continues to have substantial potential for rapid growth and job creation.  The grant of additional parole will be to work with the same start-up for 3 additional years, for a total maximum period of parole of five years. No more than three entrepreneurs may receive parole per start-up, including their spouses and children. As with initial parole, the grant is discretionary and may be revoked for the same reasons as an initial grant.

Applicants for this type of parole benefit will file a new type of application form specifically tailored for entrepreneurs along with a proposed application fee of $1200. Applicants would also provide biometrics.  Entrepreneur parolees will be authorized to work incident to status and will be able to work with an I-94 and a passport. The Form I-9 regulations are being changed to recognize this.

More details here

Much of the immigration challenges around case approval for entrepreneur start ups with USCIS has to do with the cases being reviewed by untrained officers, a lack of overall guidance for attorneys and  practitioners concerning this casework, and a fundamental lack of “real world”, hands-on  business knowledge on the part of USCIS.  The agency has definitely released a nice looking mini-website marketing piece on the subject.  We remain hopeful that the implementation of the below-listed changes will be the start of a new mindset for USCIS adjudication of entrepreneur start-up casework.  In reviewing the information,  we note that the Entrepreneur in Residence (EIR) team states that they have:

– Developed and deployed a training workshop for USCIS employment-based immigration officers that focuses on start up businesses and the environment for early-stage innovations;
– Trained a team of specialized immigration officers to handle entrepreneur and start up cases;
– Modified Request for Evidence templates for certain nonimmigrant visa categories to incorporate new types of relevant evidence into the adjudicative process; and
– Developed a plan for quarterly engagements with the entrepreneurial community to ensure that USCIS stays current with industry practices.

To sustain the momentum and build on the team’s accomplishments, USCIS indicated that they have extended the EIR project through April 2013.  The project should be extended indefinitely if we are seriously courting foreign entrepreneurs to help jump-start the US economy.  Among other things, the team states that it will expand its focus to immigrant visa pathways that may enable foreign entrepreneurs to start a business in the United States within current immigration law.

We are hopeful, in light of the economic challenges ahead of us in the USA at this time, that Congress will have a light bulb moment and pass legislation for a Start-up Visa and find  a balanced and fair approach to increasing the visa alotment for STEM occupations without the punitive tradeoff approach of penalizing other visa classifications in return.  For more information on the EIR program, we link here.

By: Timothy Sutton, Communications Editor

My grandmother turns ninety-two years old this Fourth of July. Born and raised in Hawaii, she is one of seven daughters of an immigrant Chinese farmer. She grew up speaking Chinese, but raised her children to be American. To her, being American is more than just eating hamburgers instead of Chinese food; it is a love affair with endless possibilities. A bank teller, married to a butcher, my grandmother sacrificed all financial possessions to support her children’s education. The result: a doctor, an engineer, a certified public accountant, and two Ph.Ds.

America is a collection of success stories like my grandmother’s. We are a nation born out of a common struggle to establish a greater good for all. Our history may be shorter than many nations, but our progress is unparalleled.

Our strength and unity have made us a great nation that continues to rapidly progress. Our youth are both bright and ambitious. Over the last ninety-two years, my grandmother has participated in the most amazing experiment of freedom and personal liberty the world has ever known. This Independence Day, while the rockets cascade vibrant red, white, and blue hues across the night sky, another great American will be born; who knows what endless possibilities they may achieve over the next ninety-two years?

Arizona Immigration Law Could Cost US World Cup

As reported in The Arizona Republic, the US bid to host the 2018 or the 2022 World Cup may be jeopardized by plans to include as one of the 18 venues the University of Phoenix Stadium if awarded the two World Cups.

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Arts Community Submit Comments to Immigration Services

On May 11, USCIS opened a public comment period, inviting feedback regarding a specific area of artist visa processing (the O-1 Visa) concerning the amount of time allowable between multiple engagements in a single visa approval period.  Here is a copy of the draft memo open for public comment.  Dance USA, in partnership with the National Performing Arts Visa Working Group, submitted comments to USCIS on May 24th.

Dance USA reports on questions by Senator Orrin Hatch (R-UT) to USCIS Director Alejandro Mayorkas regarding problems with arts visa processing:

On Tuesday, May 11, the Senate Subcommittee on Immigration held an oversight hearing on USCIS. Senator Hatch (R-UT) questioned USCIS Director Mayorkas about O and P visas, the ARTS Act, the increase in Requests for More Evidence and denials of artist visas, and the inconsistent processing at the California Processing Center. Director Mayorkas responded that he is fully aware of the challenges that petitioners are experiencing and he is working to fix the problems. He stated that USCIS is beginning a broad review of the O and P visa processing system. Senator Hatch underscored that the problems surrounding artist visas are hurting the cultural affairs of our country and that his staff receives a lot of work from constituents on this issue. Other subcommittee members at the meeting included Sen. Feinstein (D-CA), Sen. Cornyn (R-TX), Sen. Sessions (R-AL), Sen. Franken (D-MN), and Sen. Leahy (D-VT).

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A Soccer World Cup Ticket is a Visa to South Africa

Addressing the joint committees on the state of readiness for the 2010 FIFA World Cup, Home Affairs Minister Nkosazana Dlamini-Zuma said free event visas would be awarded to those with a valid FIFA World Cup ticket, while dedicated lanes would be set aside for those coming to the tournament, Bua news agency reported. For more

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Fila Launches in Guyana

Top local athletes, basketball star Akeem Kanhai, bodybuilder Sylvon Gardener and sprinter Alicia Fortune are the new faces of the popular Italian Sportswear Company FILA In Guyana.  The sportswear was launched Friday May 14th at Giftland OfficeMax the sole authorized distributor in Guyana.

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Jamaica Reggae Stars Denied Visas

The island nation is abuzz with reports that the U.S. has cancelled visas for a number of top entertainers. At least one major concert has been postponed, and some say it’s all about the extradition of a politically connected drug lord.

The apparent visa revocations are hitting the Jamaican music scene in Southern California and elsewhere in the U.S., according to music industry sources. Producers of the 13th Annual Seabreeze Festival, which has traditionally offered a lineup of reggae performers in Long Beach, recently said their decision to postpone the July 11 event owed in part to the “uncertainty of guaranteeing artist performance based on the current visa revocation issue surrounding Jamaican Dancehall Reggae artists.”

Reports making the rounds in Jamaica say that at least five top reggae entertainers have had their U.S. visas revoked in recent months. The Jamaica Star and various blogs have reported that Bounty Killer, Beenie Man, Adonia, Ricky Trooper, and Movado have seen their permission to travel to the U.S. cancelled. Other reports say that two other well-known reggae artists — Eek-a-Mouse and Sizzla — have also had their visas revoked.

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Why Work with us?

Immigration Solutions provides US and global immigration services and solutions to the arts, entertainment and sports industries, amongst others.  Our staff is accustomed to dealing with celebrated personalities and brands and we have successfully obtained visas for actors, directors, athletes, coaches, sports broadcasters and other individuals of accomplishment and renown.

We understand the unique needs associated with working with celebrities and high profile personalities and we maintain distinct focus on building a bridge between the needs of our clients and their global business opportunities.

If you’d like to consult with us or become a client of our office, please contact us at info@immigrationsolution.net or call 562 612.3996.

For Immediate Release

Immigration Solutions is proud to now offer Global Immigration Services. Our new Global Immigration Services offers a comprehensive yet streamlined approach to fulfilling corporate global immigration needs.  When making a choice for a global partner many organizations feel they have two choices:

• Choose the firm that fits your budget; or
• Choose the firm that offers personalized services

Through our international network of global immigration experts, Immigration Solutions can offer services that are low cost – high touch.  Gone are the days of compromising your budget for a high touch service.

Our Global Immigrations Services focus on visas for foreign countries.  We secure all the appropriate immigration documents so your employee can legally live and work in a foreign country.  We secure the work permit, entry visa, and residence permit (as applicable) for each location.  We offer personalized services such as accompanying employees to medical exams and local registration appointments.  If you’re sending an employee to a country that requires legalizations, not to worry… our experts are well versed in securing Apostilles and Authentications. Additional services also include business visa assistance to meet your short term travel needs.

In the forthcoming days and months, we will be adding global immigration material to our website, a global corner to our newsletter, and global immigration updates on our current blog.  We are excited to offer this new product line and look forward to assisting you with your global immigration needs.

If you have an immediate need or would like to consult with our office, or request a proposal for services, please email us directly at  global@immigrationsolution.net.    We’re looking forward to doing business with you.