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15 Duq. Bus. L.J. 1 (2013)

handle is hein.journals/duqbuslr15 and id is 1 raw text is: THE LAND OF OPPORTUNITY: WHY MORE MUST BE DONE TO ENCOURAGE IMMIGRANT ENTREPRENEURSHIP IN THE UNITED STATES Stuart D. P. Gilgannon INTRODUCTION ...........2........ ............2 I. Options Currently Available to Immigrant Entrepreneurs ................................ 4 A. E-2 Treaty Investor............5.......5 B. EB-5 Investor..............6........6 C. Hi-B for Owner Beneficiaries .... ......... 8 II. Recent Legislative Proposals Affecting Immigrant Entrepreneurs ........ ............ 11 A. StartUp Visa Act of 2011 ................ B. StartUp Act 2. 0....................... 13 III. Perceived Flaws Within Our Current Immigration System With Regards to Immigrant Entrepreneurship. .................... ..... 15 IV. Proposed Framework for Reform Legislation.......... 18 A. Widen the Pool of Eligible Applicants............. 19 B. Remove Burdensome Financial and Employment-creation Barriers .. ............ 21 C. Provide Applicants and their Representatives with Clear and Objective Eligibility Guidelines. ........ .......... 23 D. Ensure that Any Reform Package Offers a Path to Permanent Residence ... ............. 25 CONCLUSION ..................................26 * Stuart D. P. Gilgannon is a solo practitioner attorney based in Milwaukee, Wisconsin, where he practices exclusively in the area of immigration and nationality law. He received his Juris Doctorate from Duquesne University School of Law in 2007. 1

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