4 ms·

Since the document isn't accessible (for me) at this time, can anyone please TL;DR; this? I am an alien entrepreneur - in what circumstances can I found a star

by yuvadam 15y ago

Since the document isn't accessible (for me) at this time, can anyone please TL;DR; this? I am an alien entrepreneur - in what circumstances can I found a startup, and legally immigrate to the US while working it?

trustfundbaby 15y ago
In that case you'd probably be eligible directly through the EB5 category, which has a prohibitive $1M price tag. An alternative would be to get yourself a cofounder who was a citizen, while working on your startup from wherever you were, then get a lawyer to file to get you into the country on an H1-B ... my feeling is that the new rules make this a lot easier to do now.
seldo 15y ago
I'm not a lawyer, but I am an H-1B holder, so filter my interpretation accordingly. Mostly this document is a declaration of intent. It says "if you are a legitimate entrepreneur, we are on your side". It doesn't actually change any laws or regulations. Instead it clarifies the circumstances under which you can apply for existing types of visas. Since applying for a visa is expensive and lengthy, people tend to avoid applying for them if their qualifications are ambiguous, so saying "yes, you will definitely qualify" is a valuable thing. In particular, they are saying they are making it easier to get an EB2 visa, which is a very nice one that lets you stay permanently and apply for a green card. The official requirements for an EB2 are quite strict: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60aRCRD http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b... Specifically it requires documentation of 10+ years of experience and you have to be a "professional" (e.g. doctor, laywer). However, these requirements can be waived under an existing exception for "national interest", and this document is basically saying that entrepreneurship can be considered as being in the national interest. That's a huge step! In addition, H1B visas are usually oversubscribed, so they become a lottery. But there have historically been lots of EB2 visas left over every year. So not only does it make an EB2 easier to get, but if significant numbers of H1Bs applicants decide to apply for an EB2 instead, it will increase the total number of visas issued every year (anti-immigration campaigners should note that the numbers we're talking about are still laughably small: there are only ~13,000 EB2 visas available every year, and ~65,000 H1Bs). In answer to your specific question: if you can prove to the USCIS that you are really an entrepreneur and are trying to start a business, you may be able to get an EB visa under the waiver. However, it remains much easier to join an existing business an American has started and then apply for an EB2 or H1B to the existing business. In short: America still doesn't seem to like it when foreigners come over and try to create jobs, but they have agreed to make it slightly less difficult if you do.
- recoiledsnake 15y ago
  EB2 is badly crowded for India and China and currently stuck in 2007, so this is not going to change anything for them but might make it worse for people already waiting.

by yuvadam 15y ago

trustfundbaby 15y ago

In that case you'd probably be eligible directly through the EB5 category, which has a prohibitive $1M price tag. An alternative would be to get yourself a cofounder who was a citizen, while working on your startup from wherever you were, then get a lawyer to file to get you into the country on an H1-B ... my feeling is that the new rules make this a lot easier to do now.

seldo 15y ago

I'm not a lawyer, but I am an H-1B holder, so filter my interpretation accordingly. Mostly this document is a declaration of intent. It says "if you are a legitimate entrepreneur, we are on your side". It doesn't actually change any laws or regulations. Instead it clarifies the circumstances under which you can apply for existing types of visas. Since applying for a visa is expensive and lengthy, people tend to avoid applying for them if their qualifications are ambiguous, so saying "yes, you will definitely qualify" is a valuable thing. In particular, they are saying they are making it easier to get an EB2 visa, which is a very nice one that lets you stay permanently and apply for a green card. The official requirements for an EB2 are quite strict: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60aRCRD http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b... Specifically it requires documentation of 10+ years of experience and you have to be a "professional" (e.g. doctor, laywer). However, these requirements can be waived under an existing exception for "national interest", and this document is basically saying that entrepreneurship can be considered as being in the national interest. That's a huge step! In addition, H1B visas are usually oversubscribed, so they become a lottery. But there have historically been lots of EB2 visas left over every year. So not only does it make an EB2 easier to get, but if significant numbers of H1Bs applicants decide to apply for an EB2 instead, it will increase the total number of visas issued every year (anti-immigration campaigners should note that the numbers we're talking about are still laughably small: there are only ~13,000 EB2 visas available every year, and ~65,000 H1Bs). In answer to your specific question: if you can prove to the USCIS that you are really an entrepreneur and are trying to start a business, you may be able to get an EB visa under the waiver. However, it remains much easier to join an existing business an American has started and then apply for an EB2 or H1B to the existing business. In short: America still doesn't seem to like it when foreigners come over and try to create jobs, but they have agreed to make it slightly less difficult if you do.

recoiledsnake 15y ago
EB2 is badly crowded for India and China and currently stuck in 2007, so this is not going to change anything for them but might make it worse for people already waiting.