Archive for: Immigration

NVCA Defends International Entrepreneur Rule in Comments to DHS

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WASHINGTON, DC – The National Venture Capital Association (NVCA) filed comments today to the Department of Homeland Security (DHS) arguing against the department’s proposed rescission of the International Entrepreneur Rule (IER), which would allow for talented immigrant entrepreneurs to remain in the United States to build and scale their startups. NVCA argues in its comments that rescinding the IER program would prevent the U.S. from realizing the substantial economic and security benefits that locating new startup companies in the U.S. would provide.

“NVCA is proud to once again lead the charge to support immigrant entrepreneurs,” said Bobby Franklin, President and CEO of NVCA. “Our comments in support of the International Entrepreneur Rule reflect the incredible contributions of foreign-born entrepreneurs and how they are working in partnership with venture capitalists to solve the world’s most challenging problems, whether in technology, healthcare, science, or many other areas. In addition, our comments demonstrate that the administration relies on unsupported assertions and arguments in justifying removal of the International Entrepreneur Rule.” Read more

Rescission of International Entrepreneur Rule Major Mistake for U.S. Job Creation and Innovation

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WASHINGTON, DC – The National Venture Capital Association (NVCA) issued the following statement today after the Department of Homeland Security (DHS) proposed to rescind the International Entrepreneur Rule, which would allow for talented immigrant entrepreneurs to remain in the U.S. to build and scale their startups.

“The startup and venture community is very disappointed with DHS’s short-sighted decision to turn away American jobs that would be created by the International Entrepreneur Rule,” said Bobby Franklin, President and CEO of NVCA. “The facts are clear: our country needs more entrepreneurship, which is exactly what the International Entrepreneur Rule would bring. We will continue to explain to the administration why immigrant entrepreneurship benefits our country and must be supported by policymakers.” Read more

Court Motion Filed on DHS Implementation of Job Creating International Entrepreneur Rule

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WASHINGTON, DC – The National Venture Capital Association (NVCA), entrepreneurs, and startup companies today filed a motion to conduct discovery regarding the Department of Homeland Security’s (DHS) compliance with the court order in NVCA v. Duke. In that case, the U.S. District Court for the District of Columbia ordered DHS to implement the International Entrepreneur Rule (IER). NVCA and the other plaintiffs have grave concerns that DHS has chosen to disregard the court’s previous order. DHS has failed to take action on IER applications, including the applications of the plaintiffs. Troublingly, DHS has made public statements suggesting it is not implementing the IER. The motion to conduct discovery is essential to ensure the court’s decision is fully implemented to allow IER to move forward.

“The federal court’s ruling in NVCA v. Duke was clear: DHS’s delay of the International Entrepreneur Rule was unlawful and the rule must be implemented,” said Bobby Franklin, President and CEO of NVCA. “Unfortunately, DHS has dragged its feet and even tried to persuade immigrant entrepreneurs to not launch new high-growth startups through the International Entrepreneur Rule. The venture capital industry believes the International Entrepreneur Rule will create American jobs by attracting the world’s top startup founders. Our industry is committed to seeing the rule implemented and will continue to advocate for this powerful job-creation tool.” Read more

NVCA, Investors, Business Leaders and Others Call on President Trump to Maintain International Entrepreneur Rule

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Coalition Letter to President Trump Outlines Why IER Should Not Be Rescinded

WASHINGTON, DC – The National Venture Capital Association (NVCA) today led a group of 31 business leaders, investors, and organizations committed to American entrepreneurship in calling on President Trump to not rescind the International Entrepreneur Rule (IER).  The “Rescission of the International Entrepreneur Rule” proposed by the Department of Homeland Security (DHS) has been pending review with the Office of Management and Budget since November, placing IER on uncertain footing and threatens the benefits to the U.S. economy that come from the IER.

Talented immigrant entrepreneurs are already applying through the IER program and making plans to grow the next generation of iconic American companies as a result of a December 1, 2017 court order from Judge James E. Boasberg of the U.S. District Court of the District of Columbia.  Judge Boasberg granted summary judgment for NVCA, entrepreneurs, and startups after they challenged the DHS’s delay of IER.  The ruling compelled DHS to end its delay and begin accepting applications of foreign entrepreneurs who wish to grow new companies in the U.S.  Despite the court ruling and broad support from venture investors, startups and the business community, DHS continues to push for repeal of a common sense, pro-jobs policy that is in alignment with the president’s economic agenda.

“The International Entrepreneur Rule (IER) allows world-class immigrant entrepreneurs to build new companies in the United States if the startup has substantial potential for rapid growth and job creation,” wrote NVCA and other signatories in a letter to President Trump.  Read more

NVCA Cheers Implementation of International Entrepreneur Rule, But More Work Remains

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WASHINGTON, DC – The National Venture Capital Association (NVCA) today cheered an announcement from the U.S. Citizenship and Immigration Services (USCIS) that the agency would begin accepting applications under the International Entrepreneur Rule (IER).  The move comes in accordance with a recent court ruling in the case of National Venture Capital Association v. Duke challenging the delay of IER by the Department of Homeland Security (DHS).  On December 1, 2017, Judge James E. Boasberg of the U.S. District Court of the District of Columbia ruled in favor of the lawsuit brought by NVCA, entrepreneurs and startup companies challenging DHS’s delay of IER.  The court ruled in favor of the lawsuit on the grounds that because DHS did not solicit advance comment from the public on the delay, it violated clear requirements of the Administrative Procedure Act.  At the same time USCIS is beginning to accept applications of foreign-born entrepreneurs, DHS is proceeding with a notice of proposed rulemaking to eliminate IER, rendering implementation of the application process only temporary.

“At long last, the International Entrepreneur Rule is now taking effect, providing a pathway for foreign-born entrepreneurs to come to the U.S. to build their companies and make strong contributions to the U.S. economy.  Foreign-born entrepreneurs are critical to maintaining a strong and growing U.S. entrepreneurial ecosystem and we were proud to step up and represent their interests in fighting for implementation of IER,” said Bobby Franklin, President and CEO of NVCA. Read more

Judge Overturns DHS Delay of International Entrepreneur Rule

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WASHINGTON, DC – Foreign entrepreneurs who want to build innovative companies in the U.S. received good news today when United States District Judge James E. Boasberg of the U.S. District Court for the District of Columbia ruled in favor of a lawsuit filed by the National Venture Capital Association (NVCA), entrepreneurs and startup companies on September 19, 2017 challenging the Department of Homeland Security’s (DHS) delay of the International Entrepreneur Rule (IER).  With this ruling, DHS is now compelled to dispense with its delay and begin accepting applications of foreign entrepreneurs who wish to come or stay in the U.S. to grow their companies.

“Today marks a significant victory for talented foreign entrepreneurs, the entrepreneurial ecosystem and the U.S. economy.  The facts speak for themselves—the U.S. economy has long thrived on the contributions and innovations of immigrant entrepreneurs and we are a better country as a result,” said Bobby Franklin, President and CEO of NVCA.  Read more

Motion for Preliminary Injunction Filed to Compel DHS to Implement International Entrepreneur Rule

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WASHINGTON, DC – The National Venture Capital Association (NVCA), entrepreneurs and startup companies today filed a motion for a preliminary injunction in federal court in Washington, D.C. to compel the Department of Homeland Security (DHS) to implement the International Entrepreneur Rule (IER) pending final judgment of the suit brought by NVCA and the other plaintiffs on September 19.  Represented by the American Immigration Council and Mayer Brown LLP, NVCA and the other plaintiffs are challenging DHS’s delay in implementing the IER, arguing that because DHS did not solicit advance comment from the public on the delay, it violated clear requirements of the Administrative Procedure Act.  Because NVCA and the other plaintiffs are substantially likely to prevail on the merits of the lawsuit, they are seeking the preliminary injunction so that the rule can be implemented immediately and DHS can accept and adjudicate applications from entrepreneurs while the case proceeds.

“Making it easier for talented entrepreneurs to come to the U.S. so that they can grow the next generation of American companies is a no-brainer.  By all measures, their contributions would be a net positive for our country and our economy, which is why it’s confusing that the rule was delayed in the first place” said Bobby Franklin, President and CEO of NVCA.  Read more

NVCA, Entrepreneurs, and Startups File Lawsuit Challenging Delay of International Entrepreneur Rule

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WASHINGTON, DC –The National Venture Capital Association (NVCA) today joined entrepreneurs and startup companies in filing a lawsuit in federal court in Washington, D.C. challenging the Department of Homeland Security’s (DHS) delay of the International Entrepreneur Rule (IER).  Finalized by the Obama Administration, the rule would have allowed talented foreign-born entrepreneurs to travel to or stay in the United States to grow their companies for two and a half years with the possible extension of another two and a half years.  NVCA and the other plaintiffs are represented by the American Immigration Council and Mayer Brown LLP.

Less than a week before the IER was to go into effect on July 17, DHS announced that the rule would be delayed and that DHS will be proposing to rescind the final rule.  Because DHS did not solicit advance comment from the public on the delay, it violated clear requirements of the Administrative Procedure Act.  As a result of the suspension of the IER, immigrant entrepreneurs that intended to use the rule have been and will be harmed.  The U.S. economy will miss new businesses and jobs that would have been created but that unfortunately will now be created overseas.  To remedy this unlawful action, the plaintiffs are asking the court to compel DHS to implement the IER, and begin processing applications of foreign-born entrepreneurs so that they can come to the U.S. on a temporary basis to grow their businesses. Read more

NVCA and Stakeholders Urge Trump Administration to Keep International Entrepreneur Rule in Place

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WASHINGTON, DC – The National Venture Capital Association (NVCA) and 59 other organizations, individuals and interested stakeholders today expressed their shared disappointment that the Department of Homeland Security (DHS) delayed the effective date of the International Entrepreneur Rule and plans to rescind it entirely.  In the comment letter organized by NVCA, the signatories encouraged DHS to use the delay to reexamine the decision to rescind the rule and prepare for accepting applications from talented foreign-born entrepreneurs beginning in March 2018 after the delay is over.  Joining NVCA were leading national trade associations and advocacy groups, including FWD.us, Engine, ITI, and TechNet, as well as regional groups from the Midwest, New England, Mid Atlantic, Northeast and Southwest.

“President Trump has made winning the global competition for jobs a priority of his administration and we appreciate his stated focus on making our country the best place in the world to create a new enterprise,” the group of signatories wrote in the letter to DHS Acting Secretary Elaine Duke.  Read more

Delay of International Entrepreneur Rule Missed Opportunity to Strengthen Economy and Create American Jobs

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WASHINGTON, DC – The National Venture Capital Association (NVCA) issued the following statement today after the Trump Administration announced the delay of the effective date of the International Entrepreneur Rule and its intention to rescind the rule.  Set to go into effect on July 17, 2017, the rule would allow for talented immigrant entrepreneurs to remain in the U.S. for two and a half years to build and scale their startups, with a possible extension of another two and a half years.  NVCA worked collaboratively with the Obama Administration to craft the rule and has been engaging with the Trump Administration since January to advocate for its implementation.

“Today’s announcement is extremely disappointing and represents a fundamental misunderstanding of the critical role immigrant entrepreneurs play in growing the next generation of American companies,” said Bobby Franklin, President and CEO of NVCA.  Read more

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