Immigration Lawyer's Notebook - The Startup Visa Act of 2010

Working as a San Francisco immigration lawyer, I'mwell as my practice as an immigration lawyer. At this
interested in how immigration policy may help or hurtpoint it's difficult to estimate how many entrepreneurs
the struggling economy. A bi-partisan bill, The Startupmay take advantage of this opportunity.
Visa Act of 2010, has been introduced by SenatorThis could really have an impact on immigration from
John Kerry (D- Mass) and Senator Richard LugerChina. A recent article on reported that a MIT study
(R-Ind). The bill is intended to assist globalfound that China has a higher rate of entrepreneurship
entrepreneurs in obtaining U.S. visas.than Europe and the U.S. They also have a high rate
This isn't a simple open door policy. A foreignof business founders that are focused on high-growth.
entrepreneur may be granted a temporary two-yearThose working in the high-growth area are starting
visa (presently designated as an EB-6 visa) if they arecompanies that have at least 20 employees.
able and willing to invest $250,000 in a business thatIn recent years, European countries have been
they are going to startup. This may lead to afocusing on encouraging more high-growth
permanent visa.entrepreneurship. Over the past five years, European
To be eligible for a permanent legal status, thecountries have been working to create better business
entrepreneur must have achieved one of the followingconditions such as tax incentive to encourage
after two years:entrepreneurs.
• Have created five full time jobs in the U.S.This bill is designed to bring innovators and job creators
• Managed to raise $1 million in additional investmentto the country. It's hoped that the U.S. economy,
cash.workers and consumers will benefit from The Startup
• Generated $1 million in revenue.Visa Act of 2010. As an immigration lawyer in San
It has been endorsed by over 160 venture capitalistsFrancisco, I expect to see this law debated as is
from around the world. This bill can, of course, have analways the case with any change in immigration policy.
impact on the economy in the San Francisco area as