President Trump’s Immigration Agenda: What International Entrepreneurs Need to Know. Nadia Yakoob, Esq.

Overview1. President Trump’s Position on

Immigration During the 2016 Election2. Trump’s Recent Immigration Executive

Orders3. Draft Executive Order on Protecting US

Jobs4. Will the New International Entrepreneur

Parole Program Take Effect? 5. Q & A

Trump’s 10 Point Plan to Put America First

Primary Focus is on Protecting US Borders and Controlling Illegal Immigration Build a wall on the southern border and Mexico will pay. Implement a biometric entry-exit visa tracking system

at all land, air and sea ports. Suspend visa issuance at any place where adequate

screening cannot occur. End catch-and-release. End sanctuary cities. Ensure that other countries accept their nationals when

US orders them removed. End DACA. Remove criminal aliens promptly.

Protecting US Workers Turn off the jobs and

benefits magnet Reform legal

immigration to serve the best interests of America and its workers.

Trump’s Executive Orders on Immigration

Order # 1

Protecting the Nation from Foreign Terrorist Entry into the United States Released on Friday, January 27, 2017 Immigrants and visa holders from Iran, Iraq, Libya, Somalia, Sudan, Syria,

and Yemen not permitted entry to the US for 90 days. Refugees from all countries not permitted entry for 120 days. Syrian refugees not permitted indefinitely. Interview waiver protocols at US Consulates suspended and every visa

applicant must appear for interview (so expect delays).

WOULD OTHER COUNTRIES BE ADDED TO THIS LIST OF SEVEN?

Order # 1 Public Outrage Over the Executive Order Lawsuits were filed and the Courts have ruled

that the admission of foreign nationals from the seven countries cannot be denied (for now).

Unclear how long the temporary ban on Trump’s Executive Order will last.

Trump must explain the necessity for this Order to the Courts.

For now, his administration has stated no additional countries will be added to the list.

Order # 2: Enhancing Public Safety in the Interior of the United States

End Sanctuary Cities (by withholding federal funding) Prompt removal of foreign nationals with removal orders Prioritize removal of criminal foreign nationals (even if

just charged and not convicted yet). Hire 10,000 additional immigration officers. Impose sanctions on countries that do not accept the

return of their nationals.

Draft Order: “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs.”

What’s Next?

All regulations that allow foreign nationals to work in the US must be

reviewed to see if they are in the national interest and, if not, should be

changed.

Big PictureVague Imperatives

Vague Imperatives (cont.)The EO recommends comprehensive list of what activities are and are not permissible as visitors. What about B-1/B-2 Visitors?

EO recommends drafting regulations to reform the program to ensure full compliance with immigration laws.

What about E-2 Treaty Investor Program?

The EO recommends making the process for allocating H-1B visas more efficient and ensure beneficiaries are the best and brightest.

What about the H-1B Program?

The EO recommends reforming practical training programs for foreign students to prevent the disadvantaging of US students in the workforce. What about STEM OPT?

Nothing specific, but could be scrutinized for national interest.What about H-4 EAD?

No mention about it although Trump criticizes NAFTA vociferously. What about the TN visa?

This could be in serious jeopardy. What about International Entrepreneur Parole Program?

New International Entrepreneur Parole Program Starting July 16, 2017.

BackgroundEncourage Innovation, Support US Businessesand Job Creation Of the top 50 venture capital-funded

startups in the US, 48% had at least one immigrant founder.

Allowing international entrepreneurs to live in the US and grow their companies is of “significant public benefit.”

Qualifying Criteria to Show Potential for Rapid Growth and Job Creation

Applicant must...

Have established a U.S. start-up business within five years before the application for parole;

Hold an ownership interest in the startup of at least 10%;

Play an active and central role in the operations of the business (cannot be just an investor)

Show proof of funding.

< 5 Years > 10%$

How Much Funding is Required?

The startup must have received a capital investment of at least $250,000 from qualified US investors; • What is a qualified investor?

Must have made one or more investments …in at least 3 different calendar years in the preceding 5 years…totaling US$ 600,000.

• Investors cannot be relatives. The startup must have received $100,000 in grants and awards from qualifying US federal, state or local government entities.

Proof of Funding

Alternatively, “additional reliable and compelling evidence” of rapid growth and job creation can be submitted if threshold funding amounts cannot be shown.

$

What is Parole Status?

It’s a legal entry into the United States.

1It is not a visa status(like F-1, H-1B or O-1).

2No direct path to permanent residence.

3

International Entrepreneurs Parole Status

Filing Procedure and DurationDuration:

Household Size Income 2 64,180 3 80,640 4 97,200

Initial grant of 2 year 5-year maximum

Application procedures: Form I-941 Application for Entrepreneur Parole $1,200 Filing Fee Must show household income of 400% above

poverty guidelines.

The start-up continues to operate; Entrepreneur continues to play a central role in the business (at least 5%

ownership); and The start-up has…

Obtaining an Extension of Parole

Extension permitted for 3 years if…

…or a combination of the above.

Created jobs (at least five full-time employees),

Received more funding (at least $500,000),

Generated significant revenue($500,000 annually at a 20% average annual growth),

International Entrepreneurs Parole Status

Dependents

Spouses and children under 21 may join Spouse may work (must apply for EAD) May study

Limitations

No more than three entrepreneurs can be granted parole per start-up entity

No appeal of denial

Parole status can be revoked at any time if the startup ceases to operate or ceases to provide a significant public benefit to the U.S.

3x

Trump’s draft order proposes terminating all parole policies that seek to circumvent immigration law.

Chaos Presidency Ahead!

Stay in Touch.Nadia Yakoob, Esq.SW Law Group, P.C. 3340 Walnut Ave., Suite 120Fremont, CA 94538 Phone: (408) 329-9184 ext. 104nadia@swlgpc.com