For many international entrepreneurs planning to move their businesses to the U.S. or simply file for a visa extension, these are uncertain times. Consular posts are closed around the world and the U.S. Citizenship and Immigration Services (USCIS) have temporarily suspended in-person green card and naturalization interviews. As some domestic offices begin to reopen, USCIS will reduce the number of appointments to ensure social distancing.
Are opportunities still available?
Foreign entrepreneurs come to the U.S. on many different visas, including the EB-5 immigrant investor program, the L-1 for intracompany executive transferees, the E-2 treaty investor visa, the O-1 visa for people with extraordinary abilities, and many others.
All of these visa categories have different requirements, like hiring employees or renting an office space. Because of COVID-19, many foreign entrepreneurs planning “a big move” haven’t been able to make further investments.
Others, however, feel the window of opportunity has widened. According to Jason Finkelman, an immigration attorney, startups in robotics or those providing solutions in real estate move fast to meet U.S. demand.
In June, USCIS re-introduced premium processing, which is widely used by foreign entrepreneurs. The service, suspended in March, expedites the process to a mere 15 business days instead of the usual months-long process.
Immigration not suspended
“Trump’s executive order temporarily ‘suspending immigration’ has contributed to the perception that ‘immigration is closed,’” said Joshua Goldstein, founder at Goldstein Immigration Lawyers. But USCIS is still processing new applications.
“We submitted an O-1 visa application in early March just after USCIS discontinued premium processing,” Goldstein said. “I told my client to expect a decision in about 6-8 months. To my astonishment, his visa application was approved in 23 days.”
Applying for a visa is harder for applicants outside of the U.S. because consulates are shut down and in-person interviews have been delayed. New applicants are getting pushed down the line, leading to longer wait times.
“We are monitoring the situation every day,” said Jordana Hart, the managing attorney with the law firm Hart & Associates. “The consulates will open depending on the situation in their countries: Mexico City, for example, could stay closed longer then Paris.”
Scrutinized questioning
Processing times had already increased in the past three years. “Whether you have a cure for cancer or are working on a coronavirus vaccine, it’s just harder to get a visa because the President wants to limit immigration,” said Jason Finkelman.
Although entrepreneurs are the least affected because they are job creators, they also have to deal with extra scrutiny. People on E-2 investor visas who have to travel back and forth for their business report more “questioning” about the time they spend outside of the U.S. “We pay extra attention when justifying our clients’ trips,” said Jordana Hart.
The calls to restrict immigration might get louder because of the looming economic recession, believes Henry Mascia, partner at Rivkin Radler law firm. “Officers are now treating extensions like first time applications, so the renewal process, for example, for an O-1 visa, is increasingly difficult.”
What’s next for international entrepreneurs?
The election in November adds additional uncertainty to immigration prospects. But there is some good news: an EB-1 extraordinary ability green card is now “current,” meaning it has no backlog and no wait time. “We are preparing green card cases for clients on O-1 who would have otherwise expected to wait several years,” said Joshua Goldstein.
Margo Charnysheva, chair of the immigration practice group at Fennemore Craig, recommends that entrepreneurs not leave if they are currently in the U.S. on a B-1/B2 tourist visa. “Instead, try to change your status to avoid a prolonged wait for an interview at the embassies, because they won’t schedule interviews until mid-June.”
The key in the strict immigration environment is to show that your business has an ability to grow and create jobs. “We push our clients to hire American workers,” said Jordana Hart. Also, preparing your application in advance is crucial. “In the face of so much chaos, you should be proactive,” Joshua Goldstein said. “Don’t wait for the pandemic to end.”
