Tag Archive | E-2 Visa

AIC Fact Sheet on U.S. Immigration for Global Entrepreneurs implies that the Land of the Free and the Home of the Brave has also become the Realm of Red Tape

The American Immigration Council’s fact sheet describes some of the options available to entrepreneurs in the United States along with a description of various obstacles placed in their path by our Immigration Policy.  The report bluntly indicates both that “Global competition for entrepreneurs is growing” and that “Although foreign entrepreneurs have consistently considered the United States a top destination, the U.S. immigration system often forces them to leave.”

It is unfortunate that the Land of the Free and the Home of the Brave has also become the Realm of Red Tape.

Multiple studies have indicated that America is no longer the only go-to country for foreign entrepreneurs; a growing number of would-be entrepreneurs are choosing to start their businesses in countries that offer greater financial and social incentives. As a result, the United States is losing out on the new businesses, jobs, tax revenue, and innovation that these entrepreneurs could be generating for the U.S. economy. Meanwhile, other countries (such as India and China) are implementing policies that persuade their own best and brightest to remain at home, while also attracting talent from other nations through new entrepreneurial programs.
In short, entrepreneurs seeking the greatest opportunity for themselves and their families can choose from a range of countries. While job availability, wages, and working conditions are important in making this decision, so are a number of other considerations—such as how much red tape and bureaucracy is involved in the initial visa process, a possible future job change, the adjustment from a temporary to a permanent immigration status, and the process of bringing family members from the home country to the United States.

TITLE IV OF THE SENATE’S S.744 IMMIGRATION REFORM BILL – RELATING TO CHANGES IN H-1B, L-1, E-2 NONIMMIGRANT VISAS

TITLE IV–REFORMS TO NONIMMIGRANT VISA PROGRAMS

 

Subtitle A–Employment-based Nonimmigrant Visas

 

SEC. 4101. MARKET-BASED H-1B VISA LIMITS.

 

(a) In General- Section 214(g) (8 U.S.C. 1184(g)) is amended–
(1) in paragraph (1)–
(A) in the matter preceding subparagraph (A), by striking `(beginning with fiscal year 1992)’; and
(B) by amending subparagraph (A) to read as follows:
`(A) under section 101(a)(15)(H)(i)(b) may not exceed the sum of–
`(i) the base allocation calculated under paragraph (9)(A); and
`(ii) the allocation adjustment calculated under paragraph (9)(B); and’;
(2) by redesignating paragraph (10) as subparagraph (D) of paragraph (9);
(3) by redesignating paragraph (9) as paragraph (10); and
(4) by inserting after paragraph (8) the following:
`(9)(A) Except as provided in subparagraph (C), the base allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for each fiscal year shall be equal to–
`(i) the sum of–
`(I) the base allocation for the most recently completed fiscal year; and
`(II) the allocation adjustment under subparagraph (B) for the most recently completed fiscal year;
`(ii) if the number calculated under clause (i) is less than 115,000, 115,000; or
`(iii) if the number calculated under clause (i) is more than 180,000, 180,000.

 

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