Many people are a little (or very) concerned about what Donald Trump is going to do as President of the United States. Many foreign nationals are concerned about what visas will remain available to them. With Trump’s election, inauguration, and campaign rhetoric and executive actions regarding immigration in mind, this event will cover the range of visas available to foreign national entrepreneurs, professionals and students who wish to live and work in the U.S. The speaker will discuss: 1) Trump’s 10 point immigration plan 2) Obama’s international entrepreneur program that is scheduled to take effect on July 16, 2017 3) The most common temporary visas, such as the B-1, E, H-1B, J-1, L-1, and O-1, that continue to be available; 4) Common obstacles to obtaining a visa, and 5) The importance of maintaining lawful immigration status and more!

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

2. Overview
1. President Trump’s Position on Immigration
During the 2016 Election
2. Trump’s Recent Immigration Executive
Orders
3. Draft Executive Order on Protecting US Jobs
4. Will the New International Entrepreneur
Parole Program Take Effect?
5. Q & A

3. Trump’s 10 Point Plan
to Put America First

4. 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.

5. Protecting US Workers
 Turn off the jobs and
benefits magnet
 Reform legal immigration
to serve the best interests
of America and its
workers.

6. Trump’s Executive Orders on
Immigration

7. 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?

8. 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.

9. 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.

10. Draft Order: “Protecting American
Jobs and Workers by
Strengthening the Integrity of
Foreign Worker Visa Programs.”
What’s Next?

11. 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 Picture
Vague Imperatives

12. 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?

13. New International
Entrepreneur
Parole Program
Starting July 16,
2017.

14. Background
Encourage Innovation,
Support US Businesses
and 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.”

15. 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%

16. 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.

17. What is Parole Status?
It’s a legal
entry into
the United
States.
1
It is not a
visa status
(like F-1, H-
1B or O-1).
2
No direct
path to
permanent
residence.
3

18. International Entrepreneurs Parole Status
Filing Procedure and Duration
Duration:
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.

19.  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),
  

20. International Entrepreneurs Parole Status
Dependents
 Spouses and children under 21 may join
 Spouse may work (must apply for EAD)
 May study

21. 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

23. Chaos
Presidency
Ahead
!

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