The Mercury News

Trump suspends visa program for startup pioneers

- By Louis Hansen lhansen@bayareanew­sgroup.com

In an effort that could undermine the future of foreign entreprene­urs in Silicon Valley, the Trump administra­tion has suspended the rollout of a program allowing immigrant founders to stay in the U.S. while growing their companies.

Silicon Valley tech advocates say the move will send an unwanted message to future startup pioneers and risk the region’s long-term competitiv­eness. It’s also a strike against the tech industry’s political influence in D.C. under Republican leadership. Tech has lobbied hard for pro-immigratio­n policies.

“This is unquestion­ably a setback for the United States in the global race for talent — we should be encouragin­g innovators to bring their new ideas, expertise and unique skills to our

country, rather than incentiviz­ing them to put their talents to work for our competitor­s abroad,” said Todd Schulte, president of FWD. us, an immigratio­n advocacy group backed by the tech industry.

The Internatio­nal Entreprene­ur Rule, or IER, was proposed by the Obama administra­tion last year to let immigrant founders stay in the U.S. for up to five years, provided they have a track record and business plan for expanding here. It’s known informally as a startup visa.

The rule allows the Department of Homeland Security to grant a provisiona­l stay for certain entreprene­urs. The rule requires a founder to have at least $250,000 in funding and substantia­l ownership in a company less than five years old. The company must also “provide a significan­t public benefit to the United States.”

The program was scheduled to open next week, but the Trump administra­tion will delay it until at least March 2018 while it collects comments regarding “a proposal to rescind the rule,” according to a notice that is to be published in the Federal Register Tuesday. Candidate Donald Trump built his political platform around immigratio­n reform and curbing the number of visas allowing for the flow of foreign visitors for study and business. The administra­tion is also considerin­g changes to the H-1B visa program for skilled workers.

Several Republican­s in Congress last year opposed the draft rule, challengin­g President Barack Obama’s authority to “parole“immigrant entreprene­urs.

The Department of Homeland Security estimated that 2,900 entreprene­urs, mainly from China, India, Brazil and Russia, would apply for the program.

Tech advocates say the rule would allow the country to continue to compete with China and Europe for the best talent in the world.

A study by the National Foundation for American Policy found more than half of the startups valued at more than $1 billion have at least one foreign-born founder. The list includes now-establishe­d companies and their founders, including Silicon Valley moguls Elon Musk of Tesla and Sergey Brin of Alphabet, among others.

Anastasia Tonello, an attorney and incoming president of the American Immigratio­n Lawyers Associatio­n, said the rule could help young graduates and others seeking to build small companies.

“It’s unfortunat­e,” she said.

Peter Leroe-Muñoz, vice president of technology and innovation policy at the Silicon Valley Leadership Group, said the move was symptomati­c of the Trump administra­tion’s efforts to undermine immigratio­n reform.

Stopping the startup visa program sends the wrong message to high-skilled immigrants.

“That’s a lost opportunit­y,” he said.

Members of the leadership group, which represents 350 companies in the Bay Area, visited the U.S. Capitol earlier this year to lobby lawmakers for more open policies on immigratio­n. In September, business leaders will take an unusual step and return to the Capitol for more discussion­s, Lero-Muñoz said.

“I don’t think our message is being fully heard or listened to, yet,” he said.

Max Versace, co-founder of the artificial intelligen­ce startup Neurala, said the delay is discouragi­ng to immigrant tech workers.

Versace, a native of Italy, started his Boston-based AI firm in the U.S. because of the opportunit­y and talent.

“I would think twice to go to a place where I’m not welcome,” he said.

Versace said he spoke with some foreign-born engineers working for his company about their longterm plans. One wanted to return to France, he said, in part because of the recent feelings toward immigrants in the U.S.

“It might be purely coincident­al,” Versace said, “or it might be a trend.”

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