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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.

DHS Proposes Changes to Regulations Affecting Work Visa Holders, including H-1B, L-1, E-1, E-2, and TN, and Applicants for Green Cards Sponsored by Employers

Much has already been said about proposed changes to DHS regulations related to certain employment-based immigrant and nonimmigrant visa programs, published on December 31, 2015. Much of what is being proposed is, in reality, no change at all. The DHS is simply amending its regulations consistent with provisions contained in the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). Some would say this is 15-17 years overdue and they would not be wrong.

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