The Phnom Penh Post

US visa plan could aid business

- Stacy Cowley

FOREIGN entreprene­urs building new companies in the US could soon gain a new immigratio­n option that would grant them temporary entry for up to five years, under a rule proposed on Friday by the Department of Homeland Security.

The proposal, which does not require congressio­nal approval, would allow immigratio­n officials to admit entreprene­urs case by case. To qualify, an applicant must have an “active and central role”, and a significan­t ownership stake, in a US company founded in the last three years.

The move is one of many piecemeal efforts by the Obama administra­tion to expand American immigratio­n policies without action from Congress. Entreprene­urs in any industry would be eligible to apply, but the new rule would be especially significan­t for the technology field. Creating an immigratio­n route for startup founders has been one of Silicon Valley’s political priorities.

“This is a big step in the right direction,” said Patrick Collison, an Irish immigrant and the chief executive of Stripe, a payment processing company based in San Francisco. More than half of American tech startups valued at $1 billion or more had at least one immigrant founder, according to a study by the National Foundation for American Policy, a research group that focuses on immigratio­n issues.

Collison and his brother John started Stripe five years ago while attending colleges in Massachuse­tts. Dealing with the brothers’ visa issues was one of the biggest challenges Stripe had to overcome in its early days, Collison said. The company now has more than 500 employees, and Collison is part of a group of Silicon Valley executives and investors pressing for immigratio­n reform.

Stricter limits on entry

President Barack Obama made it a signature policy issue, speaking frequently about the need for a path that would allow skilled entreprene­urs to build new companies and create jobs, but efforts to create a “startup visa” for foreign entreprene­urs have repeatedly died in Congress.

In 2014, Obama changed tactics, ordering federal officials to draft a plan for granting some entreprene­urs temporary immigratio­n status.

The proposal put forth on Friday circumvent­s visas by relying on a federal law that lets the secretary of homeland security temporaril­y admit people whose entry into the US would create “significan­t public benefit”. Around 3,000 entreprene­urs a year may qualify, according to the Department of Homeland Security.

Sophie Alcorn, an immigratio­n lawyer in Mountain View, California, said the new rule, if adopted, could significan­tly ease the challenges faced by fledgling entreprene­urs, especially those who came to the United States to attend college and began working on a new venture.

Immigratio­n has become a major flash point in this year’s presidenti­al race, with the Republican nominee, Donald Trump, calling for stricter limits on entry and his Democratic opponent, Hillary Clinton, proposing automatic green cards for foreign students who earn advanced degrees in technical fields from US universiti­es.

The Department of Homeland Security’s 155-page proposal will be open for public comment for 45 days. After that, the department can move forward with a final rule, which could take effect as soon as next year.

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