Department of Homeland Security wants to abolish start-up visas

The Department of Homeland Security (DHS) proposes the abolition of start-up visas, allowing entrepreneurs to temporarily stay in the United States to create new businesses in the country.

Фото: Depositphotos

In January 2017, the United States Citizenship and Immigration Services published new rules obtaining visas for entrepreneurs. For its receipt claim foreigners who are going to open and develop a new business in America. With proper observance of all conditions, the United States will provide the founders of the projects and their families with legal stays in the country for 30 months. Moreover, this period can be extended for another 30 months, while in the states. The new rules were to take effect on July 17 2017 of the year. But the Department of National Security has postponed the date of entry into force of this rule until March 2018, hoping to abolish these visas altogether.

However, in December 2017, a federal court ordered USCIS to begin accepting applications for start-up visas under the new rules immediately.

Currently, DHS once again offers to cancel these visas, because the agency believes that they constitute an overly broad interpretation of foreigners' possible activities in the United States, do not provide sufficient protection for investors and are not an effective means of attracting and retaining international entrepreneurs in the States.

The problem is that such visas are issued on the basis of the so-called "permission to enter and temporary residence of a foreigner in the United States." The term "entry permit" means that persons are not officially accepted in the United States, but may legally remain temporarily in the country. Each permit is decided by DHS on an individual basis. A foreigner can stay in the country only if he or she brings "humanitarian or significant public benefit."

And DHS concluded that this rule created a difficult situation that is not regulated by the legislative process, but relies on the unstructured use of the authority of the Secretary of the Department of Homeland Security, who, at its discretion, evaluates the humanitarian or public benefits of each applicant's business.

Therefore, the agency proposes to repeal this rule, emphasizing that the US Immigration and Citizenship Act already provides for visa classifications that allow certain entrepreneurs to start a business and work in the United States. These include investor visas E-2 and EB-5.

DHS is committed to reviewing all existing immigration and non-immigration visas to ensure effective protection for investors and workers in the United States.

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