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by ones_and_zeros
3585 days ago
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My prediction: This too will be gamed just like the rest of the immigrant worker visa systems (H-1B, OPT, O-1, EB-5, etc). That big fat vague 3rd criteria will see to it. A whole cottage industry of immigration attorneys who specialize in this visa will crop up to prey on unsuspected foreigners and collude with the knowing and corrupted ones. The fact of the matter is most foreigners complaining about not being able to start businesses in the US don't have profitable or well funded businesses. The ones that do have profitable and well funded business can easily set up shop on US soil and don't need to immigrate here and can use L1 visas when they do need to come state side. To me the most interesting aspect to this visa is it takes away the talking point from the H-1B proponents that immigrant workers are job creators because immigrants start companies that employ citizens. |
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"Under this proposed rule, DHS may parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises"
I think this is different from visas where the applicants/petitioners have at least some legal rights: The USCIS are probably aware that some people are gaming the current visa system, but they may be "forced" to approve visa petitions if all the criteria are met - even in cases where they're obviously not in "the spirit of the law".
The USCIS can likely just refuse to give parole under the new rule if they think someone is abusing the system - and blacklist any startup investors they believe is aiding in such behavior.
You prediction may be right, but I think there's reason to be optimistic. The rule can also be changed more easily than laws if abuse is detected while providing valuable data that can guide future startup visa legislation.