3 ms·

It looks like this rule would provide the entrepreneur a 5 year stay (2+3 additional if the start-up is doing well), but I don't see any mention of granting a g

by vmarsy 10y ago

It looks like this rule would provide the entrepreneur a 5 year stay (2+3 additional if the start-up is doing well), but I don't see any mention of granting a green card, so what would happen to that entrepreneur on year 6? EDIT: from the medium link posted in another comment by yurisagalov: > DHS will also publish guidance to clarify when entrepreneurs may self-petition for lawful permanent residence (also known as a “green card”). EDIT2: > That entrepreneur will have the confidence of knowing whether she is eligible for the temporary “parole status” pathway, allowing her to start growing her company here right away. Later, she will know under what circumstances she may qualify for the green card pathway, if she is successful in creating jobs for U.S. workers and attracting more capital from U.S. investors, allowing her to become an American over time. (Note that these pathways will likely also be open to "bootstrap" entrepreneurs who are successful in generating revenue from U.S. customers, without needing to rely on external financing.) (From https://www.whitehouse.gov/blog/2014/11/26/entrepreneurs-wanted-president-s-actions-immigration https://www.whitehouse.gov/blog/2014/11/26/entrepreneurs-wan... )

chrisper 10y ago
It appears, it has the same issue as H-1B visas. At least in my opinion. If your business fails and you invested 5 years of your life, you are kicked out of the country and have to move your family and everything back to wherever you came from. This big uncertainty of the future is, in my opinion, a huge negative of both H1B and this parole.
- serge2k 10y ago
  If you have a path to a green card then 5 years is a pretty solid amount of time for most places (not india/china). If they made it a separate quota for entrepreneurs then you could get most people a green card within that timeline.
  - outworlder 10y ago
    > If you have a path to a green card then 5 years is a pretty solid amount of time for most places (not india/china). Agreed. However, since you can't self-petition in most cases, it is unclear if you have a path or not.
  - klunger 10y ago
    Why is China and India the exception here? They keep getting mentioned as an exception in this discussion.
    - aditya 10y ago
      China and India are heavily backlogged due to high demand https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-september-2016.html https://travel.state.gov/content/visas/en/law-and-policy/bul...
    - int_19h 10y ago
      A single country of origin is not allowed to use up more than 7% of the total green card quota. Thus, very populous countries with lots of qualified potential immigrants, and strong incentives to immigrate (e.g. significant quality-of-life difference), are at a disadvantage.
- tim333 10y ago
  I depends a bit on the details as to whether you are allowed to start on startup #2 if #1 fails without leaving.
- vmarsy 10y ago
  > It appears, it has the same issue as H-1B visas. At least in my opinion. For India/China natives on EB-2 or EB-3 categories, I agree. For all the others, being able to self-petition for the green card as an entrepreneur means you won't need a company to sponsor you. (or your own start-up is sponsoring you?), and the full process could be done in less than 5 years. The downside here would be the legal costs and hassle associated with it that you would have to take care of.
  - throwawayIndian 10y ago
    Thanks to the unquestionable red tape and annoyingly (really annoying) slow and sloppy work-culture at the USCIS it is a privilege here to share with you that even the EB1 categories of both India & China are now s̶i̶g̶n̶i̶f̶i̶c̶a̶n̶t̶l̶y̶ ̶b̶a̶c̶k̶l̶o̶g̶g̶e̶d̶ frozen [1]. Yes, welcome to 2016. A significant portion of talent that used to earlier fall in H1B->(Eb2/Eb3) category has now grown up in life and also gone up the corporate ladder to only come back and (re)apply as multinational managers/executive in the EB1C category. No matter what the USCIS tries to do now it cannot make up for the pile of shit (at the cost of anxiety and torture of millions of legal immigrants) accumulated in the past fifteen/twenty years. The beast is simply too big. [1] money.cnn.com/2016/08/19/technology/eb1-visa-india-china/
    - vkat 10y ago
      It is just temporary until fiscal year starts again, much better than EB2/EB3 who have to wait more than a decade.
      - throwawayIndian 10y ago
        For the backlog of this year - yes! But imho it is just the beginning of clogging pipeline and the symptoms will only worsen going forward.
    - harichinnan 10y ago
      EB1 visas are now taken away by highly skilled and talented "managers" from TCS, Infosys, Cognizant etc. There's a special category of EB1 visas, EB1C which is on offer for managers. Skills that these companies face severe shortage in US include HR, Relationship Management, Finance/Accounting.
- arcticbull 10y ago
  Haha it's like it's written by Trump's USCIS: "We prefer immigrants whose businesses succeed."
cft 10y ago
This is an unexpectedly sane step from Washington. In five years here a capable entrepreneur will find a way to get a green card.
graeme 10y ago
Where does it say bootstrappers can use this method? I'd love it to be the case. My market is almost entirely based in the USA. I'm in Canada, but have no legal method to do any work in the US. So it's all remote now.
- qaq 10y ago
  if you are actually doing well you can setup a US subsidiary and then do an L1-A transfer.
  - graeme 10y ago
    Oh, I added in another comment that I run a solo business. I don't think an L1-A would apply in that case, because I couldn't have a subsidiary without employees. I could hire employees, but it would involve doing a whole new business model purely for the sake of a US visa.

by vmarsy 10y ago

chrisper 10y ago

It appears, it has the same issue as H-1B visas. At least in my opinion. If your business fails and you invested 5 years of your life, you are kicked out of the country and have to move your family and everything back to wherever you came from. This big uncertainty of the future is, in my opinion, a huge negative of both H1B and this parole.

serge2k 10y ago
If you have a path to a green card then 5 years is a pretty solid amount of time for most places (not india/china). If they made it a separate quota for entrepreneurs then you could get most people a green card within that timeline.
- outworlder 10y ago
  > If you have a path to a green card then 5 years is a pretty solid amount of time for most places (not india/china). Agreed. However, since you can't self-petition in most cases, it is unclear if you have a path or not.
- klunger 10y ago
  Why is China and India the exception here? They keep getting mentioned as an exception in this discussion.
  - aditya 10y ago
    China and India are heavily backlogged due to high demand https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-september-2016.html https://travel.state.gov/content/visas/en/law-and-policy/bul...
  - int_19h 10y ago
    A single country of origin is not allowed to use up more than 7% of the total green card quota. Thus, very populous countries with lots of qualified potential immigrants, and strong incentives to immigrate (e.g. significant quality-of-life difference), are at a disadvantage.
tim333 10y ago
I depends a bit on the details as to whether you are allowed to start on startup #2 if #1 fails without leaving.
vmarsy 10y ago
> It appears, it has the same issue as H-1B visas. At least in my opinion. For India/China natives on EB-2 or EB-3 categories, I agree. For all the others, being able to self-petition for the green card as an entrepreneur means you won't need a company to sponsor you. (or your own start-up is sponsoring you?), and the full process could be done in less than 5 years. The downside here would be the legal costs and hassle associated with it that you would have to take care of.
- throwawayIndian 10y ago
  Thanks to the unquestionable red tape and annoyingly (really annoying) slow and sloppy work-culture at the USCIS it is a privilege here to share with you that even the EB1 categories of both India & China are now s̶i̶g̶n̶i̶f̶i̶c̶a̶n̶t̶l̶y̶ ̶b̶a̶c̶k̶l̶o̶g̶g̶e̶d̶ frozen [1]. Yes, welcome to 2016. A significant portion of talent that used to earlier fall in H1B->(Eb2/Eb3) category has now grown up in life and also gone up the corporate ladder to only come back and (re)apply as multinational managers/executive in the EB1C category. No matter what the USCIS tries to do now it cannot make up for the pile of shit (at the cost of anxiety and torture of millions of legal immigrants) accumulated in the past fifteen/twenty years. The beast is simply too big. [1] money.cnn.com/2016/08/19/technology/eb1-visa-india-china/
  - vkat 10y ago
    It is just temporary until fiscal year starts again, much better than EB2/EB3 who have to wait more than a decade.
    - throwawayIndian 10y ago
      For the backlog of this year - yes! But imho it is just the beginning of clogging pipeline and the symptoms will only worsen going forward.
  - harichinnan 10y ago
    EB1 visas are now taken away by highly skilled and talented "managers" from TCS, Infosys, Cognizant etc. There's a special category of EB1 visas, EB1C which is on offer for managers. Skills that these companies face severe shortage in US include HR, Relationship Management, Finance/Accounting.
arcticbull 10y ago
Haha it's like it's written by Trump's USCIS: "We prefer immigrants whose businesses succeed."

cft 10y ago

This is an unexpectedly sane step from Washington. In five years here a capable entrepreneur will find a way to get a green card.

graeme 10y ago

Where does it say bootstrappers can use this method? I'd love it to be the case. My market is almost entirely based in the USA. I'm in Canada, but have no legal method to do any work in the US. So it's all remote now.

qaq 10y ago
if you are actually doing well you can setup a US subsidiary and then do an L1-A transfer.
- graeme 10y ago
  Oh, I added in another comment that I run a solo business. I don't think an L1-A would apply in that case, because I couldn't have a subsidiary without employees. I could hire employees, but it would involve doing a whole new business model purely for the sake of a US visa.