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immigrant businesses

Trump Administration Makes it Harder for Immigrant Businesses in the U.S.

By Peek & Toland on March 16, 2018

Foreign entrepreneurs who want to set up businesses in the United States face many hurdles. Nevertheless, some of the most successful enterprises in the nation were set up by new arrivals from overseas. Now new rules under the Trump administration are taking aim at immigration businesses.

A report on CNN noted the delay of the International Entrepreneur Rule has impacted fledgling overseas businesses.

It noted the case of Kathy Tuan, a 22-year-old senior from Taiwan who is running a company called NASTEA & Co., which sells dirty chai beverages.

When Tuan graduates from the University of Washington this year, she may no longer be able to stay in the United States to run her business.

immigration businesses face issues under Trump regime

Immigration businesses face hurdles

Unlike countries such as France and Canada that have special visas intended to encourage entrepreneurs, the United States lacks this system.

People from abroad who want to start a business have to deal with a complex web of existing visas, like the H-1B. The H-1B visa for skilled workers is popular but does not always encourage investment because it requires people to work under the control of an employer.

The Obama administration hit on the International Entrepreneur Rule as a solution to allow fast-growing companies from abroad to do work in the United States.

Foreigners building rapidly growing businesses could apply for “parole status” to work in America. Before the rule, parole status was only granted only to people who carry out humanitarian or medical relief.

The rule was scheduled to go into effect on July 17, 2017. However, the Department of Homeland pushed the launch back to March 14, 2018 shortly before the rule was due to come into effect. The Department of Homeland Security said it would seek to rescind the rule entirely.

The DHS was hit with a lawsuit by the National Venture Capital Association. The delay on the rule was overturned by a judge in late 2017.

The pertinent issue is whether Homeland Security was required to issue a formal “notice-and-comment” period before it postponed the rule, as required under the Administrative Procedure Act.

Entrepreneurs like Tuan were disappointed by the derailing of the International Entrepreneur Rule.

She asked what the backup plan was, CNN reported.  Tuan is likely to be able to stay in the United States until the summer of 2019 under an extension of her student visa. Her co-founder, Minnie Yuan faces a greater time crunch because her OPT expires in June 2018.

If you are seeking to invest or set up a company in the United States, you have options but you face negotiating a complex minefield. An experienced Texas family immigration lawyer can help you. Call us today at (512) 474-4445.

Posted in Immigration, Visas

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Immigrant Businesses Fear Workers Shortage May Get Worse

By Peek & Toland on March 8, 2017

Immigration was frequently couched in negative terms during last year’s presidential campaign. However, immigrant businesses pour billions of dollars into the US economy. Many of them are fearful after the election of Donald Trump as president, according to reports.

A recent report in Marketplace noted Trump’s anti-immigration stance helped pave his road to the White House.

It pointed out that immigrants made up a fifth of all entrepreneurs in the U.S. in 2014 and generated more than $65 billion in business activity.

Concerns of a lack of workers hit immigrant businesses

Immigrant businesses fear a worker shortage

The figures came in a study from The Partnership for a New American Economy. Even undocumented workers are a massive boost to the economy of Texas, studies state.

The Marketplace article quoted Mansoor Eskandari who operates a construction business in Chapel Hill in North Carolina.

Immigrant Businesses that Employ Muslims Fear Worker Shortage

He was shocked and concerned by the election of Trump. He’s an Iranian immigrant who moved to the United States in the 1980s. As a Muslim, he has more reasons than most immigrants to be fearful of the Trump administration. He described himself as being in “double jeopardy.”

Immigrant businesses fear a negative impact from Trump policies. Eskandari hires immigrants for construction projects because it can be difficult to find local workers. He already experiences shortages. He fears the issue could be exacerbated under the Trump administration as more immigrants are deported.

Another business owner quoted in the story was Romy Khouraki, the owner of Altayebat Market, in Anaheim, CA. His business is found in an area dubbed Little Arabia. Khouraki fears anti-Islamic policies could harm the neighborhood and deprive businesses of workers.

Big business has also warned that the immigration crackdown could harm the economy. Many fear that Trump will curtail the H1-B visa system that allows companies to bring temporary skilled workers to the United States from abroad.

However, Trump’s stance on these visas that are a mainstay of the tech industry has been contradictory. He initially said he opposed H-1B visas for high-skilled immigrants, but then backtracked on his statements.

Sectors such as the hospitality and hotel industry which employ many low-paid immigrants are also likely to take a hit, reports the Washington Post.

Immigrant businesses are understandably nervous about the new political climate. If you are a business owner who has a pressing immigration issue, please call our Austin immigration attorneys today at (512) 474-4445.

Posted in Immigration, Immigration Reform

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