What should foreign national entrepreneurs know?

If a foreign national who wishes to come to the United States and start a business, they are able to do so. In order to so, there are a number of steps that you need to be aware of. The processes differ slightly for those who plan on permanently living in the United States and those who only plan on spending time here temporarily. A person who wishes to only stay temporarily is considered a nonimmigrant and a person who wants to reside here permanently is considered an immigrant.

The Department of Homeland Security created a new rule, effective July 17, 2017, that would allow nearly 3,000 entrepreneurs to be granted a stay of 30 months to bring their business to the United States. The DHS will grant this stay to entrepreneurs who’s start-up would “provide significant public benefit through the potential for rapid business growth and job creation.” Each start-up would be permitted to have three foreign entrepreneurs and their families come to the U.S. under this ruling.

In order to be considered under this ruling, the entrepreneur would have to show that their start-up would be beneficial to U.S. job creation and economic growth. The applicant themselves must be able to show that they play an essential role in the start-up and that they are an important factor in growing the businesses and becoming successful. Though the period of initial stay is only 30 months, eligible entrepreneurs may be able to extend their stay for an additional 30 months.

If you have questions about your eligibility under this new ruling, you should consult with an experienced immigration law attorney who can assess your situation.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.