Visa Options for Entrepreneurs

Sometimes US immigration law doesn’t provide clear visa options for people looking to work in America. These individuals are daunted by the process, and as attorneys we often feel like we are trying to fit a round peg into a square hole. But at other times, thankfully, there is more than one option for a client and so it’s our job to talk them through the choices to see which is the overall best fit. This can happen, in particular, with some entrepreneurs who are interested in opening up their own business in the US. 

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Reuters: “Trump Administration Approves Tougher Visa Vetting, Including Social Media Checks”

The Trump administration has approved new questions for certain US visa applicants worldwide that ask for social media handles for the last five years as well as biographical information going back fifteen years. The more extensive vetting was implemented as a "temporary, 'emergency' measure in response to President Trump’s March 6 memo mandating enhanced visa screening.” Under the new guidelines, certain applicants will be asked to provide US consular officials with such information as their passport numbers, travel history and source of funding for all trips that took place within the past fifteen years, employment history and residential addresses from the past fifteen years, the names of all spouses or partners, regardless of if they are living or deceased, and names and birth dates of all siblings and children. In addition, applicants will be asked to provide their user names and handles for all social media accounts that they have used within the past five years. Although providing this information is voluntary, the questionnaire explains that failure to provide such information could potentially delay or prevent visa processing.

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Briana Pfleegor: The DLG-Proust-Actors Studio Questionnaire

The first concert that Briana, a paralegal at the firm, attended with her dad was Joan Jett & the Blackhearts at the Brookhaven Amphitheater. She was two. While she doesn’t remember the performance, it was the first of many concerts she and her father have attended together. Born and raised in Hicksville, Long Island (“A silly name for a town,” she says), it was easy for her and her dad to travel into the city to see bands. Highlights include Elbow, Mötley Crüe, and Good Charlotte (which they’ve seen four times).

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The Atlantic: “Why Americans Smile So Much”

When a Reddit user asked, “What’s a dead giveaway that someone is American?” many responses listed one particular trait: wide, enthusiastic smiles. A study suggests that the reason Americans smile so much may have something to do with our immigrant past. In this study, a group of international researchers examined the number of “source countries”—where individuals have emigrated from since the year 1500—in various countries. Canada and the US, for instance, are very diverse, with sixty-three and eighty-three source countries, respectively, while countries such as China and Zimbabwe have only a few different nationalities in their populations. After polling individuals from thirty-two countries to learn “how much they felt various feelings should be expressed openly, the authors found that emotional expressiveness was correlated with diversity.” In other words, in places with a lot of immigrants from different countries all speaking different languages, you might have to smile more to build friendship, trust, and cooperation.

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O-1 Visas: Not Just For Artists

One of the most common visa types our law firm prepares is the O-1 for individuals with extraordinary ability or achievement. The O-1 is a temporary work visa granted in three-year increments with one-year extensions—allowing individuals of extraordinary ability to work in the United States for a single employer or sponsor. We’ve written a great deal about the O-1, from highlighting common misconceptions to imagining an O-1 consultation with a certain undersea character; however, one common misconception we have not spent a lot of time correcting is the assumption that O-1 visas are only for “artists.” While many artists are covered under this visa category, the defining characteristic of the O-1 is actually “extraordinary ability,” a distinction that can be made in nearly any field or industry.

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The Nation: “The Airport Lawyers Who Stood Up to Trump Are Under Attack”

The Northwest Immigrant Rights Project (NWIRP), a Seattle nonprofit that offers legal aid to immigrants facing deportation and a group that was at the forefront of fighting President Trump’s Muslim travel ban, is facing disciplinary action from Jeff Sessions’s Department of Justice (DOJ). Four weeks ago, the DOJ issued a cease and desist letter demanding that the nonprofit group drop representation of their current clients and shut down their asylum-advisory program. The DOJ accused NWIRP of breaking a rule that was originally created in order to prevent attorney misconduct and protect people from lawyers or “notarios” who take their money, but ultimately drop their case. (We’ve previously written about “notarios” and other scams that immigrants face.)

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