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To initiate its EIR program, USCIS would also turn to an agitator. Brad Feld, an early-stage investor and prolific blogger, had become exasperated when officers of two promising startups under his watch were forced to return to their home countries because they couldn’t secure visas. He shared their story on a blog, attracting the attention of other entrepreneurs, including Ries, who couldn’t understand why there was no visa category for an entrepreneur with American investors and employees. In lieu of that category, many entrepreneurs were at the mercy of visa examiners who didn’t understand how they operated. At the point of visa application, many startups had not hired many employees or generated much revenue. This confused traditional visa examiners, who would then ask odd and irrelevant questions, often before a denial. To give just one example, it’s been years since AOL required a compact disc to use its service. And yet, visa examiners were demanding proof of a warehouse, where software startups would store their CD inventory for shipping to customers. As Feld’s idea of a “startup visa” became intertwined with, and paralyzed by, the broader debate on comprehensive immigration reform, the USCIS, with White House support, sought to accomplish something administratively within the existing law. It instituted an EIR program, to organize and educate a specialty unit of immigration officers to handle entrepreneur and startup nonimmigrant visa cases.22 The project also called for educating entrepreneurs about the available options, one of which they may have overlooked. For instance, the O-1 visa, which was reserved “for those with extraordinary ability,” had proven a successful channel for actors, athletes, musicians, directors, scientists, artists, businessmen, engineers, and others who could provide ample evidence of their unique and impressive abilities, attributes, awards, and accolades. It had even created some controversy, when visa evaluators took the term “model” to an extreme, awarding a visa to one of Hugh Hefner’s ex-girlfriends, a Playboy centerfold from Canada named Shera Berchard.23 If she was confident enough to assert and explain her “extraordinary ability,” why weren’t entrepreneurs?
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