Articles Posted in Immigration Entrepreneurship

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President Obama’s executive action announced on November 20, 2014 fell short in many ways than one for many people residing in the United States—both legally and illegally. Though a marginalized few have been allowed to come out of the shadows, some of the world’s best and brightest have been completely ignored by the executive action altogether. The United States would be quite a different place without our hard working immigrant population and without our foreign born innovators, movers, and shakers.

Obama’s announcement on November 20th notably left out any indication that the creation of a more expedient and efficient system would be considered— through which highly skilled and highly capable foreign workers would be able to more easily attain permanent residency and visas. Industry leaders in areas such as the Silicon Valley, seeking to employ such highly skilled and highly capable foreign workers for their startup companies, have expressed their concerns, forming groups such as FWD.us, albeit with the knowledge that Congress must act in order for an all-encompassing solution to be reached.

Though Obama’s speech shed little light on the topic, a memorandum released by the U.S. Department of Homeland Security following the speech is much more informative. The memorandum announces that inventors, researchers, and founders of start-up enterprises who do not qualify for a national interest waiver, but who have been awarded what is considered ‘substantial’ financing by a U.S. investor OR who ‘hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting edge research’ can attain parole authority under section 212(d)(5) of the INA,6 on a case-by-case basis after being assessed by the DHS. Possessing parole in this situation would authorize extraordinary inventors, researchers, or start-up entrepreneurs to temporarily conduct their research or development of innovative ideas or their business while in the United States.

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On August 23rd the Chief of the Department of State’s Immigrant Visa Control and Reporting Division, Charles Oppenheim, made an important announcement regarding significant changes made to the EB-5 preference category. Oppenheim announced that for the first time since the creation of the EB-5 category, the EB-5 preference category would become unavailable to Chinese applicants for the 2014 fiscal years.

What does it mean for the EB-5 preference category to become unavailable? 

What the department means is that, the maximum number of EB-5 immigrant visas available to Chinese applicants for the fiscal year of 2014 have already been issued. Thus, there are no longer any available EB-5 immigrant visas for the 2014 fiscal year.

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You are a H-1B visa holder from a country with a backlogged employment based category and you are currently living and working in the United States. You have applied for permanent residence through your employer. You have been working for the same employer for years and have extensive experience in your field. Despite all of these factors, you are still waiting in line for your priority date to become current, and what’s more, your spouse has not been eligible to apply for their employment authorization due to the restrictions on their visa. What, if anything, can be done to receive your permanent resident card sooner?

Thousands of immigrants are in the same hypothetical situation. Comprehensive Immigration Reform is necessary not just for undocumented immigrants living in the United States, but also for such specialty workers who regularly contribute to our economy and society, but are stuck in limbo awaiting their permanent residency. Comprehensive immigration reform is also necessary because specialty occupation workers often run out of their H-1B status while they are in line for their priority date to become current. If the specialty occupation worker is married, chances are their spouse has not had the opportunity or privilege to legally obtain employment while the primary applicant has been in line waiting to adjust their status. Many immigrants who have found themselves in similar situations fear international travel due to the risk they may run in not being able to return to the United States.

Bypassing the Quota System

Aditya Agarwal, VP of Engineering at Dropbox and Joe Green of FWD

Aditya Agarwal, VP of Engineering at Dropbox and President and Founder of FWD. us Joe Green

For decades, immigrants from all parts of the world have come to the United States, bringing with them their unsurpassed talents and ground breaking innovations.  This entrepreneurial spirit was first fostered by our founding fathers and later matched by such brilliant minds as, telecommunications magnate Alexander Graham, Google founder and college dropout Sergey Brin, and Nordstrom founders John W. Nordstrom and Carl F. Wallin, all of whom immigrated to the United States in pursuit of the American dream. Such immigrants have continued to shatter conventions by making significant contributions to our country’s history, its technology, and economy.

In early 2013, the Kauffman Foundation released an updated report as a supplement to the Kauffman Index of Entrepreneurial Activity, which tracks new business creation in the United States. The report studied rates of entrepreneurial activity among different demographic groups during an 18 year period, beginning in 1996 through 2013. Of interest, is the report’s finding that the number of immigrants who were new entrepreneurs in 2013, at 26 percent, was nearly twice that of the native-born population of non-immigrants, a rate that was up 6 points from 19 percent in 2003.

A daylong summit on Nov. 10 will teach immigrant entrepreneurs how to overcome obstacles in business. Individuals like Betty Garcia embraces the term “immigrant entrepreneur” as a badge of pride. She says her family hasn’t had it as easy as native-born Americans in turning Tortilleria Sonora, whose name hints at both the product and her family’s origins, into a successful business. “It’s important to recognize backgrounds,” said Garcia, 37, who has helped her Mexican parents run the Des Moines shop for the last four years. “Not to put any other culture down, but Americans have it easier because they are more knowledgeable about the system and have grown up with more tools and resources.” Garcia’s family will receive the Outstanding Immigrant Business Award at the fifth annual Immigrant Entrepreneurs Summit for their successes.

As the summit celebrates success, experts say cultural differences and the law combine to make it difficult for immigrants to create successful businesses. They say lack of credit impedes access to capital. A cultural divide can discourage entrepreneurs from expanding their businesses and reaching out to wider communities. And, because of immigration law, immigrants educated in the U.S. often must return home to start a business.

Stalled legislation in Congress and programs popping up in Iowa and other places aim to help solve those issues.

Immigrants struggle with startup capital

Access to capital remains one of the biggest obstacles all entrepreneurs face. In the wake of the recession, some banks tightened the number of small business loans they handed out. But for immigrant entrepreneurs, that task is made even more difficult by the fact they don’t have any credit and can sometimes get confused by the forms they must fill out.

“For new immigrant businesses, it’s absolutely impossible to get a loan from a bank,” said Ying Sa, chairwoman of the Immigration Entrepreneurs Summit and one of its co-creators. “Immigrant entrepreneurs, typically, don’t have that luxury. They have to start differently.”
Sa said many rely on their community or themselves to get their business off and running, financially. The summit Saturday will include 15 seminars for entrepreneurs that will cover topics like business and legal risks, as well as insurance education and how to access capital.

The summit created a 12-person committee that chose award winners after sifting through nominations submitted by the community. Sa said the goal was not to single out immigrants. Instead, she said, the summit will help immigrant entrepreneurs.

“We are trying to say that business is a universal language,” she said. “We are all doing business in America, so we want to be respectful of the laws and regulations here. We want all participants to realize their American dream in a way they can feel proud.”
Startup Visa Act could open doors

When Steve Case addressed a Thinc Iowa crowd in Des Moines last month, he promoted legislation that would, essentially, “staple a green card” to diplomas and degrees to keep high-skilled immigrants in the U.S. to start businesses.

He said the Startup Visa Act would not only make it easy for immigrants to stay. The law would also tell them, “We have invested in you by giving you this great education. We need you to … serve and contribute by starting a company or joining a company” in the U.S.

The remarks brought a round of applause from the crowd at the technology and entrepreneurship conference. Under current law, immigrants on a student visa must work for others for several years before attaining residence and being allowed to start their own companies. Or, if they do start a company, they cannot work for the company.

The Startup Visa Act would amend U.S. immigration law to create a new visa category that allows foreign entrepreneurs that meet certain qualifications, including raising money from U.S. investors, to remain in the country. The most recent version of the Senate bill, along with its House counterpart, remains stalled in committee.

Critics say the new law could be ripe for abuse, with U.S. Rep. Lamar Smith, a Texas Republican, last year raising the possibility of immigrants creating a “scheme” business just to receive a visa.

White House officials, meanwhile, have maintained that they would support the act only as part of more comprehensive immigration reform.

Congress is not short on ideas regarding immigrant entrepreneurs, including Smith’s own STEM Jobs Act. But coming to a consensus has been a problem.

Vivek Wadhwa, author of “Immigrant Exodus: Why America is Losing the Global Race to Capture Entrepreneurial Talent,” said current law keeps good entrepreneurs from starting a business in the U.S.

“This is a no-brainer,” Wadhwa said of passing the Startup Visa Act. “It’s held up because our politicians are acting like spoiled teenagers. If one side puts forward a bill, the other side opposes it because they have to.”
Wadhwa, who recently co-authored a study published by the Kauffman Foundation on high tech entrepreneurship, says passing the Startup Visa Act could be the impetus the country needs to help the struggling economy recover.

“Within a year of that bill passing, there would be tens of thousands of new startups created,” he said. “It’s a bill that needs to be passed. What could be more sensible?”
Lawyer says current law is prohibitive
As the law stands now, immigrants have options to consider when starting a business, although many depend upon their country of origin.

The EB5 immigrant investor visa program requires heavy foreign investment in an idea or business, sometimes as much as $1 million, before an entrepreneur can start a business. In addition, the business must create at least 10 U.S. jobs.

The U.S. also has treaties with about 50 countries that allow foreign-born entrepreneurs to remain in the country as they build their business. However, Lori Chesser, an immigration law expert with Des Moines’ DavisBrown Law Firm, said those countries do not include two of the most prominent sources of immigrants, China and India.

Chesser often receives questions from people interested in building a business — and creating jobs — in the U.S.

“Many times, there is no way to convert their idea into a productive business in the U.S.,” said Chesser, who will attend the summit as a speaker. “Sometimes, their faces fall. They are looking for that magic bullet. But it’s not there.” Chesser said a better system must be developed, one that could include the Startup Visa Act, which she said is “better than nothing.”
“It’s frustrating for those of us who see the drive and the energy behind the people coming who want to start their business and want to make a contribution here,” she said. “To see us have to turn them away or channel them and divert their talents into other jobs just for a green card, and delaying their entrepreneurship for years, it’s just a frustrating thing to deal with on a daily basis.”

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Arguing against immigration policies that force foreign-born innovators to leave the United States, a new study to be released on Tuesday shows that immigrants played a role in more than three out of four patents at the nation’s top research universities.

Conducted by the Partnership for a New American Economy, a nonprofit group co-founded by Mayor Michael Bloomberg of New York, the study notes that nearly all the patents were in science, technology, engineering and math, the so-called STEM fields that are a crucial driver of job growth.

The report points out that while many of the world’s top foreign-born innovators are trained at United States universities, after graduation they face “daunting or insurmountable immigration hurdles that force them to leave and bring their talents elsewhere.”
The Partnership for a New American Economy released a paper in May saying that other nations were aggressively courting highly skilled citizens who had settled in the United States, urging them to return to their home countries. The partnership supports legislation that would make it easier for foreign-born STEM graduates and entrepreneurs to stay in the United States.

But some worry that the partnership’s ideas for immigration reform would undermine similarly skilled American workers while failing to address broader problems with immigration policy.

“No one is asking what is in their best interest, the American worker,” said Eric Ruark, director of research for the Federal for American Immigration Reform, an advocacy group that is pushing for reduced immigration. “It’s what is best for the employers. What is best for the foreign workers. It’s not as if the foreign workers aren’t skilled. What’s being ignored is we already have a domestic work force that has the same skills.”
The most recent study seeks to quantify the potential costs of immigration policies by reviewing 1,469 patents from the 10 universities and university systems that had obtained the most in 2011. The schools include the University of California system, Stanford and the Massachusetts Institute of Technology.

Patents, the study maintains, are a gauge for a nation’s level of innovation and an important way for the United States to maintain an edge in STEM fields.

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Our nation has always attracted individuals with great drive and entrepreneurial spirit. To continue being a great global leader, we must continue to attract and retain the next generation of immigrant entrepreneurs who will start new businesses and create new jobs here in America. Taking action on this front, U.S. Citizenship and Immigration Services (USCIS) kicked off its Entrepreneurs in Residence (EIR) initiative last week with a stakeholder summit in Silicon Valley. The host location was fitting, as NASA Ames Research Center Director Simon Worden pointed out, since NASA programs have historically benefited from breakthroughs by foreign-born scientists and engineers.

The stakeholder summit began with a special naturalization ceremony for over 20 people hailing from 13 countries who took the oath of citizenship. In addition, five extraordinarily successful entrepreneurs and investors received the Outstanding American by Choice recognition, and shared their own personal stories of coming to America: Christopher Che, President and CEO of the Che International Group; Ping Fu, President and CEO of Geomagic; Michael Moritz, Partner at Sequoia Capital; Shervin Pishevar, Managing Director of Menlo Ventures; and Vivek Wadhwa, the academic, researcher, writer, and entrepreneur.

In his Washington Post column, Mr. Wadhwa shared what this special recognition meant to him: