New Regulations Open Doors to Foreign Start-Ups, Bypass Visa Application Process

“The problem with the French is that they don’t have a word for entrepreneur.” While certain U.S. president may or may not have said those words about the French, it is quite clear that the U.S. immigration regulations were missing, for a long time, a word or, rather a visa category, for entrepreneurs engaged in US start-ups. New Regulations published by the US Department of Homeland Security (“DHS”) on January 17, 2017 attempt to rectify this problem and create an entirely new way for foreign entrepreneurs engaged in start-ups to gain legal entry into the United States.

Is USCIS Getting Tough on EB-5s?

Recent statistics released by the US Citizenship & Immigration Services for the first two quarters of the fiscal year 2014 (from October 1, 2013 to March 2014) shows little hope for EB-5 applicants. Many EB-5 investors were denied their applications for Green Card.

Let's compare fiscal year 2013 with 3,699 approved and 943 denied applications to the first two quarters of 2014, with 2882 approved petitions and 1068 denials.?? The rate of denials increased by more than 50% from 1 in 4 applications denied in 2013 to 1 in 2.6 applications denied in 2014.

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