Judge Stops Trump Freeze on International Entrepreneurs

Earlier this year, the Trump administration delayed implementation of the International Entrepreneur Rule, originally slated to kick off in July.

Announced in 2016, the International Entrepreneur Rule would allow entrepreneurs and startup founders from other countries to remain in the United States for a limited period of time while they built their businesses. In order to qualify, applicants would need to pass an intensive screening by the Department of Homeland Security (DHS). Advocates of the program have argued that it will allow immigrant entrepreneurs to found job-creating businesses in the U.S. as opposed to overseas.

(Further qualifications include the applicant owning at least 15 percent of the startup, as well as playing an “active and central” role in its operations; the startup needs to have a distinct plan for growth.)

Now, according to Reuters, a federal judge has rescinded the Trump administration’s delay on the rule, allowing it to move forward. The ruling is the result of a case by the National Venture Capital Association, which argued that the government failed to follow proper procedures in instituting the delay. Specifically, agencies must follow the Administrative Procedure Act, which requires some kind of advance notice (and a chance for people to comment) before a new rule is implemented.

“This decision is an important reminder that this administration must comply with the law and allow the public to have a voice during the agency rule-making process,” Leslie Dellon, an attorney at the American Immigration Council, wrote in a statement reproduced by Reuters.

At the beginning of 2017, CNN reported that the federal government expected nearly 3,000 visa applications under the rule. Even with this latest judgment, it remains to be seen how many entrepreneurs apply for more time in this country to build their startups into the next tech juggernauts. The Trump administration could very well shut it down again, provided it follows the rules and gives notice.

The Trump administration has clear designs on tech-related immigration. According to recent statistics from U.S. Citizenship and Immigration Services (USCIS), a Homeland Security division, an increasing number of H-1B visa applications are being challenged. Yet despite the rise in those “requests for evidence” (a.k.a., the formal challenges to applications), the Administration has yet to officially push for major changes to the H-1B program.

Comments

9 Responses to “Judge Stops Trump Freeze on International Entrepreneurs”

December 05, 2017 at 10:07 am, Ron Corona said:

This is just another group of laws to benefit US businesses and delay Trumps cuts of H1b visas.

It’s not just H1B visas, but it’s also L1 vases. We need to halt both. We absolutely positively must put a stop to this beating to American tech pros.

So, these comments are just another p-ss off!!

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December 07, 2017 at 10:57 am, Carl said:

I totally agree. These visas have stolen American jobs. They give the jobs to outsider as they take a lesser salary and displace American Wirkers. I know a few American Veterans that are in their late fifties that were displaced and are having a hard time finding a job. Thank you U.S. Courts for selling out our country for tha all mighty dollar.

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December 05, 2017 at 12:51 pm, Brendan Egglestone said:

The H1B visa should no longer be offered to H1B dependent companies such as Tata, Infosys and others that are mostly from India. They don’t provide innovation, take away jobs from Americans, lower pay rates and only hire Indians. The H4EAD visa was illegally approved by Obama and not Congress and also should be eliminated. Finally L1 visas should be limited to 3 months.

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December 07, 2017 at 6:28 am, Joe said:

Is this “international entrepreneur rule” really for actual new businesses or a back door to more H1-B visas? Nicky seems to be very gleeful at yet another overreach by unelected, unaccountable judges into pretending to be the executive branch.

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December 07, 2017 at 11:23 am, Mark Syman said:

Joe – I heard from a purchasing manager that the “international entrepreneur” are really independent contractors mostly from India, and that the purchasing managers all know this. The corporate lobbyists have been clever in covering all bases for their bosses.

Trump needs to shut down H1B and L1 visas.

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December 07, 2017 at 8:23 am, Alex said:

What do you expect Joe? Nicky is paid by the corporate lobby outlet interested in outsourcing American replacing with cheap labor from India.

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December 07, 2017 at 11:39 am, Michael said:

To be clear, “Trump” doesn’t have “designs”. Rather, the will of the PEOPLE has REQUIRED that this be the case. Screen them, and screen them, and when DHS is done screening them, screen them some more. Not in MY country. NOT ANY MORE!

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December 07, 2017 at 12:07 pm, Mac D. said:

I have said this many times. There is no shortage of engineers in the U. S. There is a huge shortage of engineers who will work for $40,000 per year. And, how close is the National Venture Capital Association to the Chamber of Commerce?

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December 08, 2017 at 5:15 pm, David said:

Having worked in the US under an H1B visa (postdoc in physics, various startups), I can say that this is great news for international startups, with the potential to slow down or reverse the brain drain of the best and brightest leaving to settle in the US (I’m in South Africa).
It certainly levels the playing field and diminishes the influence of the US and US companies in the international market.
Go Trump!

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