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Trump Plans To Dismantle Obama-Era 'Startup Visa' (arstechnica.com) 320

An anonymous reader quotes a report from Ars Technica: A regulation from the Obama administration that would have allowed foreign-born entrepreneurs who raise investor cash to build their startups in the U.S. won't be allowed to go into effect. The Department of Homeland Security will file an official notice to delay the International Entrepreneur Rule for eight months. The intention is to eliminate the rule entirely, according to sources briefed on the matter who spoke to The Wall Street Journal. The decision isn't final, and a DHS spokesperson told the WSJ that the department "cannot speculate" on the outcome of the review. The International Entrepreneur Rule, signed by former President Obama days before he left office in January, doesn't offer a visa but rather a type of "parole" that would allow immigrants to stay in the U.S. temporarily as long as they meet certain requirements. In order to qualify, a foreign entrepreneur has to raise at least $250,000 from well-known U.S. investors. The rule grants a stay in the U.S. of 30 months, which can be extended for an additional 30 months. Founders can't apply for a green card during that time. DHS has estimated about 3,000 entrepreneurs would qualify under the rule.
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Trump Plans To Dismantle Obama-Era 'Startup Visa'

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  • by w3woody ( 44457 ) on Friday June 23, 2017 @09:15AM (#54674779) Homepage

    The International Entrepreneur Rule ... doesn't offer a visa but rather a type of "parole" ...

    The rule grants a stay in the US of 30 months, which can be extended for an additional 30 months. Founders can't apply for a green card during that time.

    If I were President I'd scrap this rule too--because it's just too confusing. But then, everything having to do with visiting and obtaining permission to work within the United States, as well as with immigrating to the United States, is just terribly confusing. And I say this as a U.S. citizen.

    Personally I would rather we simplify all these regulations regarding immigration--and make it easier for people who qualify to immigrate here without all this weird mumbo-jumbo "parole, no green card, 30 months, can't visit overseas for longer than so many days, do not pass go, must recite ancient Aramaic to come back" nonsense. I swear; just talking to my friends who immigrated here from overseas about what they had to do to become U.S. citizens gives me a massive headache.

    • by swb ( 14022 )

      It's like that because nobody wants to advocate for simple exclusions. And for every reasonable exclusion you can think of, there's a constituency who wants exceptions for their specific cases -- countries of origins, family ties, sponsors, assets, various flavors of civil and military conflict, etc.

      Simplifying is a great idea, but you have to be willing to decide who you won't let in without creating any exceptions.

      • by w3woody ( 44457 )

        Fact of life: any time you change regulations there are always losers. When you talk about regulations at the federal level, sadly, you need to approach the problem by recognizing you're trying to maximize overall "good", recognizing the fact that some folks will always fall between the cracks.

        Even creating exceptions for every fiddly little fringe case doesn't solve the problem, since the folks who fall between the cracks are those of average intelligence who can't navigate the list of exceptions.

    • visiting OR obtaining permission to work. You don't need to be doing work for something to be difficult.

      I find it easier to go to China to visit. At least you know when your visa is rejected, but what is the purpose of an ESTA form? An Electronic System for Travel Authorisation that allows you to waive a visa but at the same time doesn't guarantee that you won't randomly be rejected and doesn't tell you if you're okay to travel? Like WTF! It's the only developed country I've ever been uncertain about.

  • by JoshuaZ ( 1134087 ) on Friday June 23, 2017 @09:20AM (#54674809) Homepage
    This is ridiculous. Even if you have a problem with cheap H-1B visas replacing American workers, this isn't that. This is welcoming in business people with new ideas which will create new jobs and new opportunities. Nor is there any sort of safety issue whatsoever. This is a combination of xenophobia (immigrants are apparently scary), along with Trump's generally zero-sum understanding of how things work (which contributes to a lot of what he does), and frustration that his earlier immigration bans failed in the courts (so doing this feels like he's blocking at least some immigrants, never mind that they are exactly the sort of immigrants he claimed he wanted earlier).
    • by Fire_Wraith ( 1460385 ) on Friday June 23, 2017 @09:30AM (#54674913)
      More importantly, this isn't the EB-5 investor visa that Jared Kushner's sister was busy hawking in China. That's the one which allows someone to essentially buy a visa for $500,000. Theoretically that was money to invest in a business, but in practice they can simply 'invest' in, let's say, someone's real estate development (such as the Kushner family's), which amounts mostly just to giving cash to whoever runs that development.

      Instead, this startup visa (would have) required someone to have an idea for a business that's good enough to attract investors. Maybe some of them fail, but maybe some of them are the next (insert cool/successful tech startup), and we'd rather they be in the US than in the other countries trying to attract them.

      Of course, the startup visa was drawn from the number of visas otherwise available for EB-5 buyers. Gee, I wonder why Trump and Kushner would want to cut startup visas, but keep the EB-5 around.
    • by swb ( 14022 )

      It's all in the enforcement and the loopholes. How many "investors" are required? Are they required to be actual American firms or citizens? How many employees is your "startup" required to actually have?

      What's to prevent a H-1B farmer from simply creating sham startups and importing "entrepreneurs"?

      Sure, if the enforcement is rigorous and there is some kind of auditing to insure that these are bonafide startups, entrepreneurs and investors then on the surface it doesn't seem like a bad idea at all. If

  • "You can stay, but we get to shove ourselves up your ass to make sure you meet the requirements, also you're barred from seeking normal residency."

    This honestly sounds like a scam to get entrepreneurs stuck in a legal negative space so we can strip them of the business they built in the process of kicking them back out. The foreigners would have to be on crack to take this deal.
  • a foreign entrepreneur has to raise at least $250,000 from well-known U.S. investors ... The rule grants a stay in the U.S. of 30 months, which can be extended for an additional 30 months. Founders can't apply for a green card during that time. DHS has estimated about 3,000 entrepreneurs would qualify under the rule.

    That's a ridiculously pointless program. No sensible, skilled entrepreneur will want to come to the US on a temporary visa and start building a company without the security of permanent residen

  • by multi io ( 640409 ) <olaf.klischat@googlemail.com> on Friday June 23, 2017 @11:31AM (#54675793)
    If the Democrats had publicly opposed regulation, taxes and state-run company restructurings, Trump would be nationalizing banks and proposing soviet-style five-year plans right now just to "win" against Obama.
  • by LynnwoodRooster ( 966895 ) on Friday June 23, 2017 @12:02PM (#54676021) Journal

    The International Entrepreneur Rule, signed by former President Obama days before he left office in January

    President Obama was able to completely architect, build, and implement an entire new category for immigration operations in just a few days? This is probably just President Trump stopping the first part of the process (architecting it), before anything else even started. But it does make great political grist for the mill!

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