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White House Is Planning To Let More Foreign Entrepreneurs Work In the US (recode.net)

Peter Hudson writes from a report via Recode: "After failing to get Congress to pass a 'startup visa' as part of broad immigration reform, the Obama administration is moving ahead with an alternative that would allow overseas entrepreneurs to live in the U.S. for up to five years to help build a company," reports Recode. "Already speaking out in favor of the new rules is PayPal co-founder Max Levchin: 'I believe that the most promising entrepreneurs from around the world should have the same opportunity I had -- the chance to deliver on their potential, here in America.' Levchin moved to the U.S. from the Soviet Union in 1991." There are three conditions that need to be met in order to be eligible to work in the U.S. under the new rule: the foreigner would have to own at least 15 percent of a U.S.-based startup, the foreigner would need to have a central role in the startup's operations, and the startup would need to have "potential for rapid business growth and job creation." The third requirement could be met by having at least $100,000 in government grants or $345,000 invested from U.S. venture investors. "Under [the International Entrepreneur Rule (PDF)] being formally proposed on Friday, the Department of Homeland Security would be empowered to use its existing authority to allow entrepreneurs to legally work in the country for two years, possibly followed by a one-time three-year extension," reports Recode. "While the public will have 45 days to comment, the rules aren't subject to congressional approval."

21 of 131 comments (clear)

  1. Why do we even have congress? by guruevi · · Score: 3, Interesting

    "the rules aren't subject to congressional approval" - a lot of "laws" have passed since Bush onwards that are no longer subject to congressional approval. They're just a source of comedic entertainment any other time, why do we even have congress or a judiciary for that matter? It didn't pass congress properly, let's just make it a presidential order.

    If anything, you should vote for Trump because he's too stupid to realize he can pull legalistic shit like this, perhaps "the people" can restore some of the balance and take it away from the attorneys-in-charge. That or Gary Johnson/Jill Stein - may not be ideal but anything is better than an extension of these Bush-Obama policies.

    Either way, I'm sure this won't be abused. Come to the US, get $500k in funds, you just have to promise us to create some jobs in the next 5 years even though our own startups fail 90% of the time this won't be a problem for you. If anything, give ANY startup in the US access to the same funds. I sure could use them, I'm an immigrant even.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
    1. Re:Why do we even have congress? by geek · · Score: 2, Insightful

      If anything, you should vote for Trump because he's too stupid

      Yes he's become a billionaire and stayed one for 40 years because he's "stupid." You fucking leftists need a new line. Calling everyone you disagree with stupid has worn itself out. You're just a tired fucking meme at this point.

    2. Re:Why do we even have congress? by avandesande · · Score: 2

      A nation with no laws is no longer a nation.

      --
      love is just extroverted narcissism
    3. Re: Why do we even have congress? by Type44Q · · Score: 2

      Trump is a leftist (relatively speaking); this is all an act... and you fell for it, moron.

  2. So basically visa's for sale by Anonymous Coward · · Score: 2, Interesting

    For sale for about $345k plus whatever the 'service change' from any venture firm is; or if your prior donations got you some 100k in gov. grant goodies.

    1. Re:So basically visa's for sale by nbauman · · Score: 2

      How could this possibly hurt the US economy or its workers? It's just a new business, with foreign money on the line, that must hire people in order to have the visa extended.

      Since you ask --

      The Wall Street Journal did a story after the Oakland, California race riots, to try to find the root causes of the riots.

      A Korean grocery store owner made the news at the time because he and his relatives protected his store with shotguns.

      The WSJ reported that he had been an officer in the Korean army. That's why they thought of defending their store with guns. (From other stories in the WSJ and elsewhere, I read that the Korean army at that time was particularly corrupt, in terms of giving military contracts to relatives of well-connected politicians and officers, etc. In New York City, according to the New York Times and everybody who knows what's going on, including real estate dealers and immigration lawyers, foreign investors from every corrupt country in the world are buying up New York real estate. But put that aside for the moment.)

      The Korean owners came to this country through one of these investment provisions, which were even more lenient back then, and they brought their whole family.

      Maybe it was a legitimate business operation that they thought would be profitable.

      But any money they made out of a grocery in Oakland was insignificant compared to the financial benefits of moving their families to the U.S. and having their children go to college here and grow up with the opportunities here, as compared to the opportunities back in Korea.

      (I know a Korean surgeon, who I think was born here, who is making at least $300,000 a year, which is much more than he could make back in Korea.)

      The WSJ reporter found a black guy who had an auto repair shop right by the Korean grocery. The Koreans wanted to expand, and get a warehouse. The black guy also wanted to expand, and open a new facility. They both wanted the same industrial space nearby. The Korean guy outbid the black guy. The Korean guy had an easy time getting bank credit for the space, and the black guy couldn't get credit. So the Korean guy got the space.

      There are some people (particularly on the WSJ editorial page) who say that the free market is the will of God, and the outcome of the free market is always good. They would say (without even needing to investigate the facts) that the Korean grocers would of necessity contribute more to the economy than the black auto repair guy. Maybe. But I'm not convinced.

      The first lesson in this WSJ story is that immigration and foreign investment makes winners and losers. The black auto repair guy was a loser. Maybe he deserved to lose. But I'm not comfortable with the idea of a Korean military officer coming to Oakland with this wealth of mysterious origin and outbidding this hard-working black guy. You can work hard at your business and they can beat you just because they have access to more capital.

      The second lesson that I would draw from it is, I'm not sure that these Korean grocers that we used to see all around New York City are such good businessmen or that they contribute that much to the economy. The purpose of their grocery store isn't to provide the best goods and services to their customers, or to provide good jobs to the workers in the neighborhood. The purpose of the grocery store is to get American citizenship for their families, and once they've done that they can (and do) close the store and leave.

      After all, you don't have an efficient free market if people are running a business not to maximize their profits but for an ulterior purpose, like getting residency and citizenship.

      I'm not singling out Koreans. I could tell a similar story about immigrants from any corrupt country. Russia, Haiti, and Saudi Arabia are high on the list lately.

      If foreigners are willing and able to come in and contribute to this country, fine. But there are winners and losers, and the way our country is run, there are a lot of losers.

  3. Constitution is so inconvenient by Anonymous Coward · · Score: 4, Insightful
    President can't make laws so he just makes rules?

    That's some beyond Andrew Jackson level action there.

    This United States is a government of separate powers. Congress, the opposite of progress, makes the laws. The Supreme Court, usually by not doing anything, judges the laws. And the President? That's just a certain civil servant in the bureaucracy that implements the laws. Lots of responsibility and has to approve anything coming out of Congress. But Congress can still override him if they can quit bickering for 10 minutes about the plushness of their revolving doors.

    People need to stop thinking the US President is some kind of King who makes, judges and tasks the laws of the land. The first person who needs to remember this basic civics lesson is the President himself.

    Stop writing laws through treaties and directives. The next administration may not be so kind to your interests once you are an ex-President.

    But as long as I'm fantasizing about a working government I might as well ask that Congress stop passing laws written by lobbyists and the ultra rich to protect their money.

    1. Re:Constitution is so inconvenient by Sarten-X · · Score: 2

      The legislature already passed the laws granting power to the Executive branch. Those laws were written loosely enough that the Executive branch can determine their own policies, and that's what's happening here.

      --
      You do not have a moral or legal right to do absolutely anything you want.
  4. How does it work now for foreign owners? by swb · · Score: 2

    I'm curious how this works now for foreign owners of business assets.

    Are there rules in place now that prevent foreign investors from owning equity stakes in US companies (outside of sectors with existing statutory limits)?

    If a foreign investor owns an equity stake in a US company, are they prevented from coming to the US for business purposes? Do they need a special visa? Are there limits on how long they can stay to participate in this business under current rules?

    This proposal seems like a gold mine of loopholes that would seem to allow for further bulk import of workers. What's to prevent Tata from creating an XYZ Consultancy and selling the minimum share of the company to workers it wants to import? It's not hard to imagine all kinds of games they could play "loaning" the equity investment funds to the worker in India so that they appear in the US as legitimate stakeholders who have made their own investments.

    1. Re:How does it work now for foreign owners? by Pulzar · · Score: 3, Interesting

      Are there rules in place now that prevent foreign investors from owning equity stakes in US companies (outside of sectors with existing statutory limits)?

      No, you can invest as much as you want, but you can't work in US. That's the difference. Entrepreneurs want to start a company and do the work, and not simply invest in it.

      A funny (and common, especially among Canadians who have summer homes in Florida) example -- you can buy a house in US and rent it out and earn money from it. But, you can't come over and do any maintenance work on your rental property -- you have to pay someone to do it.

      Obviously, it's hard to enforce, but that's the law.

      --
      Never underestimate the bandwidth of a 747 filled with CD-ROMs.
    2. Re:How does it work now for foreign owners? by peter.hudson452 · · Score: 3, Informative

      The process right now for entrepreneurs coming to the US is reasonably straight forward, but still requires a fair amount of paperwork. I'm a Canadian entrepreneur who recently moved to the Bay Area to work on my startup and I'm in the US on an L-1A VISA. The process wasn't too hard, but it was still about about 3 weeks worth of preparing documentation for US Immigration. I documented the entire process of getting an L-1A VISA here: https://www.startupgrind.com/b...

  5. Fine by fluffernutter · · Score: 2

    I'm all for bringing the talent to the US. If they have what it takes to start a successful company then fine, but their companies should employ local labor once started.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    1. Re:Fine by fluffernutter · · Score: 2, Insightful

      Then there is no more America. Everything we have been told to respect about it has been sold.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    2. Re:Fine by fluffernutter · · Score: 2

      Early in my life corporations had to make do with talent that was available to them domestically, or deal with complicated immigration laws. Now it seems if they don't like the wages domestic workers are asking all they have to do is skip over to a third world country and tap a few people on the shoulder. If you think this doesn't sacrifice America's standing as a first world country as the years go on then you're not even worth responding to. We are already seeing increased violence as a result. Right now the violence flares up and is quelled. I predict it will worsen as the years go on if this doesn't change.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  6. Same difference by Archtech · · Score: 3, Interesting

    "...the Obama administration is moving ahead with an alternative that would allow overseas entrepreneurs to live in the U.S. for up to five years to help build a company..."

    After which time they can outsource it to the Far East like normal American entrepreneurs. Here today, gone tomorrow! Thanks to the miracle of globalization.

    --
    I am sure that there are many other solipsists out there.
  7. Re:To get more lunatics, I suppose by DogDude · · Score: 5, Interesting

    anyone who voluntarily moves to the US to found a company must be out of his mind.

    As opposed to where else, Mr. Wizard? I can't think of a better, easier place to start a business in the entire world than in the US.

    --
    I don't respond to AC's.
  8. Subcontrator by BradMajors · · Score: 3, Insightful

    Paying a subcontractor $345,000 for 5 years of work is undercutting American wage rates.

  9. Re:To get more lunatics, I suppose by Pulzar · · Score: 4, Insightful

    As opposed to where else, Mr. Wizard? I can't think of a better, easier place to start a business in the entire world than in the US.

    Exactly. People who haven't lived and worked in at least a couple of other countries don't realize how much better the opportunities to start something are here compared to most of the world... even with all the crap going on.

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  10. Re:To get more lunatics, I suppose by Sarten-X · · Score: 2

    There are certainly easier places, with far less regulation. In some cases, if you have a sign, you have a legal company.

    That said, those places aren't "better", because your suppliers and customers are also little more than signs and promises. If a supplier takes your money and disappears, you have no recourse. If an engineer copies your trade secrets and starts his own competing business, the law doesn't protect you.

    Every restriction exists because someone abused the system at least once already.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  11. Foreign Entrepreneurs == Staffing Companies by walterbyrd · · Score: 3, Insightful

    Mostly Indians who hire only Indian visa workers. They call themselves "technology companies" and brag about all the jobs they create.

  12. Re:Government Grants??? by Austerity+Empowers · · Score: 2

    A government grant if he's going to come here to do something useful. What we definitely do not need more of is entrepreneurs, we need people who are going to work for a living, stay here and invest. We produce useless business types by the metric ton, we need to find a way to make them our chief export.