White House Decision on Entrepreneur Rule Draws Ire (Audio) - podcast episode cover

White House Decision on Entrepreneur Rule Draws Ire (Audio)

Jul 12, 20176 min
--:--
--:--
Download Metacast podcast app
Listen to this episode in Metacast mobile app
Don't just listen to podcasts. Learn from them with transcripts, summaries, and chapters for every episode. Skim, search, and bookmark insights. Learn more

Episode description

(Bloomberg) -- Michaela Ross, a reporter for Bloomberg BNA, discusses the decision taken by the Trump administration to delay and repeal the Foreign Entrepreneur Rule, and whether or not this will be challenged in U.S. courts. She speaks with June Grasso on Bloomberg Radio’s “Bloomberg Law”.

See omnystudio.com/listener for privacy information.

Transcript

Speaker 1

There's another Obama era rule that the Trump administration is moving to delay and repeal. It's called the International Entrepreneur Rule, and it would allow foreign born start up founders to stay in the US for up to thirty months if they meet certain requirements, including showing they had raised at least two hundred fifty thousand dollars from American investors or

one hundred thousand dollars in grants from government entities. The Trump administration's move to rescind the rule is based on border security grounds and likely faces litigation from several fronts. Joining me is MICHAELA Ross, a reporter for Bloomberg b NA. MICHAELA. This rule has a lot of backing from business organizations

and particularly the tech sector. Tell me about it. Yes, the tech sector was very excited to see this rule when it was the drafts first announced last summer, and it would finalized in the last minute, last days of the Obama administration, and they were looking forward to its effective date, which was to come next week July seventeenth. But what the reason the tech sector is so excited about this is they have a long history of um

foreign born founders. You look at Tesla, Google, eBay, this is UH, this is kind of a prolific group of foreign born founders founders here. In fact, a two thousand twelve Hoffman Foundation study founder forty cent of startup founders in Silicon Valley were immigrants. So there was a lot of excitements UM the tech front also UM the venture capital front UH to welcome this new pathway since technically right now there is not a clear way for foreign born founders to enter the US. US is not does

not have what's called the startup visa. In fact, this rule was not even going to create a visa. It was simply a parole status, which is a permission status UM. And so this was one way that the US thoughts itself touching up with countries like the UK, Canada, Ireland that do have that startup pisa, that clear way for foreign born founders to enter. Well, what are the Trump administration's objections to the rule, So this really changes on

the parole status. The International Entrepreneur Rule argued that parole, which is once again not a visa, It is a permission toutory that is granted by the Department of Homeland Security, and it's only granted in cases of humanitarian assistance such as refugees, or in cases what individual could improved significant public benefit. So the rule is saying that these entrepreneurs, by you know, spurring investments and creating US job growth, they would have to prove US job growth creation and

revenue creation in order to stay longer than those thirty months. Um, they're saying that that is a benefit. However, the concern from the Trump administration is that, Um, they had a January executive order and in that order that was looking to improve border security. They said there's currently a abuse of parole in parole status in the US, and they want to make sure that this rule is consistent with

that executive order. They're saying that their argument is that, um, this rule opens up parole to a class of people instead of doing it on a case by case basis. Um. Of course, the opponents of the rule will say that still each individual entrepreneurity needs to apply, So it is case by case, and that's where the argument is coming down to, and the move to rescind the rule is being heavily criticized. Steve Case, the founder of a o L, tweeted,

big mistake. Immigrant entrepreneurs are job makers, not job takers. So tell me about what some of the challenges to this Trump move might be. We're looking at possible litigation from several funds according to administrative attorneys and League An

Immigration attorneys. So first off is the delay. Now, agencies in the past have delayed the effective date of the rules against this agency is is saying that it's going to the delayed the effect of dates from July seventeen until March of two, eighteens with with the aim to

resond or repeal the rules altogether. Now the delay there has been delayed in the past if there's a technical reason, so for example, of the paperwork for applications wasn't done, or there was a technology that hadn't been developed yet, but there's still a good sased effort. What we're doing from attourneys is that this does not fit that category.

This is more of a policy ship. The administration is thing that we don't like this rule for X, y Z reason and so um we are moving to rescind it, and that is very difficult to do once a rule has been finalized, which this rule has them and altneys are pointing to a recent case that it's very similar.

Still unduly. Third, UH, you have sort of appealed for DC UM had said that the Environmental Protection Agency, the e p A, did not have the authority to delay the effective date of another rule that had to do with methane emissions. So they're saying this is a very similar case that this agency, in the case that the from the Pomsecurity does not have the authority to delay this rule and that it must. It's a weak argument,

um that that it's making. So but the Trump administration perhaps some that a case UH learned from UH learn from this, and it's saying that while we're going to be making a whole new rule making process, and not only are we dealing it, we're going to open up a whole new rule making process in order to rescind this rule and UM. But in order to do that that also might place for litigation. So what I mean by that is that this rulemaking process is going to

their want to examine all the facts. They're going to open it up to public comments, They're going to look at the law, and they're going to come up with a record that says this rule is either an accurate, in correct, or outdated, and where litigation to come in is of opponent to the rule. Thing. You know what, that new records and the comp administration is not facturate because look at the AGM administration just fit it several months before or they initially crafted this rule. What could

have changed so drastically. So we're seeing the potential for litigation at several points and the delay and regal of this rule. Well, thank you for that report. We'll be looking forward to seeing what happens with this rule. That's Mikhaela Ross. She is a reporter for Bloomberg. Bayanna

Transcript source: Provided by creator in RSS feed: download file
For the best experience, listen in Metacast app for iOS or Android