The U.S. and worldwide entrepreneur community had been looking forward to July 17th with great anticipation.  This was supposed to be the effective date of the new International Entrepreneur Parole immigration regulation.  This refreshing and innovative immigration option for foreign entrepreneurs would solve an enormous problem in the U.S. immigration system: the non-existence of a visa for start-ups founded by or being driven by talented foreign nationals.  Yet on July 11, 2017 the Department of Homeland Security published a notice in the Federal Register seeking comments on its desire to rescind the rule.

This entrepreneur parole process would not have been a cakewalk for applicants:  only those who could meet the stringent requirements associated with it would be able qualify (to be approved, entrepreneurs would have to own at least 10% of the enterprise and would have to have raised significant capital from established U.S. investors or government grants).  Applications would be very strictly reviewed, and only applicants who clearly qualified and passed required government background checks would be approved for this temporary status.

Yet despite the strict criteria, the entrepreneur community was delighted that the U.S. government (during the Obama administration) had finally rolled out an immigration solution to the enormous talent crisis facing the U.S. technology sector.

The technology industry is fueled in large part by immigration.  As of January, 2016 immigrants had started more than half (44 of 87) of America’s start-up companies valued at $1 billion dollars or more and are key members of management or product development teams in over 70 percent (62 or 87) of these companies.* Immigrants play vital roles in the technology industry in job creation, innovation and leadership.

Continue Reading Opportunity Foreclosed: The International Entrepreneur Parole Rule May Die Before it Gets Out of the Gate

In 2014, Massachusetts created the Global Entrepreneur in Residence Program (GEIR), a program meant to capitalize on the opportunities provided by concurrent H-1B employment.  Under this program, universities partnered with the Commonwealth to provide foreign entrepreneurs with relevant, part-time employment opportunities that carried cap-exempt H-1B status.  This part-time employment authorization then enabled the entrepreneurs to apply for a concurrent H-1B petition, which would also be cap-exempt, to allow them to work on getting their business off the ground.

Continue Reading H-1B Alternatives Series: Concurrent H-1B Employment

On Tuesday evening, the candidates for Massachusetts governor met in their last debate ahead of Tuesday’s general election. Throughout the campaign season, Massachusetts Gubernatorial candidates Martha Coakley (D) and Charlie Baker (R) have outlined contrasting positions on several state-level immigration issues.

Baker supports allowing immigrants with work permits to obtain in-state tuition at public Massachusetts universities. However, he opposes giving in-state tuition to those without permits to work in Massachusetts after graduation. Coakley, on the other hand, supports extending in-state tuition benefits to the children of undocumented immigrants no matter their work status.

The two candidates also differ on the question of allowing undocumented immigrants to acquire driver’s licenses. Baker does not support providing driver’s licenses to undocumented immigrants, saying “No one’s ever been able to explain how you can document and verify someone who is undocumented.”

Coakley is more open to granting driver’s licenses to undocumented immigrants. She has said, “There are a lot of people who have been here a long time who can’t get to work, to a medical emergency, if they don’t have a license.” She has promised to work with law enforcement and members of the immigration community to resolve this issue.

Employers of foreign nationals working in Massachusetts remain concerned about the driver’s license debate as even those employees working in valid status are often unable to renew their driver’s licenses while waiting for USCIS to adjudicate their extensions.