A study recently published by the National Foundation for American Policy highlights the pressing need for reform in investment and entrepreneur visa categories.  Immigrants have started nearly half of the country’s top 50 venture funded companies, and are a pervasive presence in key management and product development positions.  The companies analyzed are all privately held and have received venture capital financing in the past three years, key indicators for future success.  According to the study, of the top 50 companies, 23 had at least one immigrant founder, and 37 employed at least one immigrant in a key management or product development role.  Not surprisingly, the country providing the most entrepreneurs for such high-potential companies is India, followed by Israel, Canada, Iran and New Zealand.

In Reply to Mitt Romney and David Frum

Posted November 28, 2011

David Frum is a former special assistant to George W. Bush and a frequent political commentator who maintains a popular online community, FrumForum.  In a recent CNN column, he weighs in on the heated immigration debate, siding with Mitt Romney in opposing Newt Gingrich’s recent assertion that some form of a legalization program must be coupled with continuing enforcement.  The following is my reply.

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I believe Gingrich is more right and Romney (and Frum) are more wrong here. There will have to be compromise in this legislation. There are very few absolutes in U.S. immigration.

Gingrich doesn’t deny that enforcement is a two-pronged approach, part securing the border, part employer sanctions.

The guest worker issue likewise requires a duality of approach that doesn’t cater to absolutist socioeconomic principles. We must address low-skilled workers, the poor tired huddled masses (as it were – now more like the guys hanging around Home Depot) as well as the engineers and scientists so valued by the business community and research institutions.

Current low-skilled guest worker visa programs that are tied to seasonal or agricultural employment are not the problem. Existing J and H categories (exclusive of H-1B) will have to become part of the solution, tweaked, bifurcated and expanded somehow to provide a semi-orderly transition from the past to the future for working illegals who would otherwise have no basis to qualify for a legalization program. Frum and Romney apparently dismiss this technocratic approach entirely, until the border is secure, and they’re wrong. First build the roads, then build the towns. Colonials had the luxury of vice versa; we no longer do.

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E-2 Treaty Investor Visas

Posted November 11, 2011

I.N.A. §101(a)(15)(E)

E-2 Treaty Investor visas are available to persons entering the United States “solely to develop and direct the operations of an enterprise in which s/he has invested, or is actively in the process of investing, a substantial amount of capital.”  At least 50% of the ownership of the enterprise must be in the hands of nationals of a country with which the U.S. and the home country have a ratified bilateral investment treaty (see the current list of E-1 and E-2 treaty signatories here).  Employees of the enterprise who are working in management, executive or “essential” positions are also eligible for E-2 visas if the ownership breakdown meets the above test.

Some of the more important requirements for an E-2 visa include the following:

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