Entrepreneurs and Business Start-ups

Immigrant “Entrepreneurs in Residence”: A Patch For Reverse Brain Drain?

Immigration Director seeks to reassure the entrepreneurs of Silicon Valley Members of Silicon Valley’s startup community met with U.S. Citizenship and Immigration Service (USCIS) Director Alejandro Mayorkas this week for what the agency billed as a summit to officially launch its unusual “Entrepreneurs in Residence” program. The event held on the campus of the NASA Ames… Read more »


E-1/E-2 visa holders admissible for two years AT EACH ENTRY

A recent “practice pointer” (1) from the American Immigration Lawyers Association (AILA)/Customs and Border Protection (CBP) Liaison Committee highlights a critical issue for E-1 and E-2 visa holders.  A foreign national applying for admission to the United States with an un-expired E-1 (Treaty Trader) visa or E-2 (Treaty Investor) visa should be admitted for a… Read more »


E-2 Visa Option: A Missed Opportunity

U.S. misses out on foreign entrepreneurs – need to expand E-2 investor visa option for non-immigrant business investors As Pam Prather points out in her excellent piece in a recent issue of Immigration Daily despite the fact that 29.5% of new business in 2010 can be attributed to immigrant entrepreneurs, the E-2 visa, which is a… Read more »


Retaining Highly Skilled Immigrants Gaining Policy Traction

On January 31, 2012, USCIS announced several DHS reforms to attract the best and the brightest in furtherance of President Obama’s commitment “to make the U.S. more attractive to highly skilled foreign students and workers, thereby improving the competitiveness of U.S. companies int he world market and stimulating job creations.” Expand eligibility for 17-month extension… Read more »


Immigrant Entrepreneurs: Policy Momentum = Good News

Continued push from USCIS Director may benefit immigrant entrepreneurs USCIS Director Alejandro Mayorkas continues to push for reform that would benefit immigrant entrepreneurs particularly through the immigrant investor visa (EB-5) program and the utilization of the National Interest Waiver (NIW) category for job creation. In a series of “conversations” with the public, Director Mayorkas has begun… Read more »


EB-5: Investing Your Capital

As an EB-5 investor with the required capital,  how must you invest it? Invest means to contribute capital, as that term was defined in an earlier blog. But a contribution of capital in exchange for a note, bond, or any other debt arrangement between the new commercial enterprise and the immigrant investor does NOT constitute… Read more »


Entrepreneur Visa: Leadership needed

USCIS Director Alejandro Mayorkas is quoted today as being supportive of making the immigration process more entrepreneur friendly, but his front line adjudicators are not getting the message, as noted in our previous post .  As stated at VentureBeat, “I believe that Alejandro is serious in his intent and genuinely wants to fix the problem. The… Read more »


Entrepreneurial H-1B and L-1A visas: Not

Entrepreneurial H-1B and L-1A visas: Delays in processing; no more H-1Bs for this fiscal year The Obama Administration has publicly declared a policy of encouraging foreign entrepreneurs to create startup companies to foster job growth. In fact, at the end of this summer the Department of Homeland Security Secretary Napolitano and United States Citizenship and… Read more »


Immigrant Entrepreneurs – Key to Jumpstarting our Economy

In a Wall Street Journal opinion piece yesterday, two private sector CEOs – Mr. Muller and Mr. Zimpleman – came together to make the case for getting rid of rules that discourage entrepreneurs from launching and growing new businesses. They want to find ways to let entrepreneurs “work their magic.” The CEOs put forth what… Read more »


Another Request for Evidence – Oh No!

Are Requests for Evidence Inevitable? I am afraid so. We and all of our colleagues, despite submitting enormous filings containing evidence on every conceivable point, are seeing Requests for Evidence (RFE) in nearly all of our cases. These days a case that goes through without an RFE is the exception and not the rule. We… Read more »