In a remarkable journey from the United Kingdom to the United States, Tahmina Watson transitioned from a newly qualified barrister to a trailblazing immigration attorney specializing in startups and entrepreneurs. We had the chance to speak with Tahmina before the 2024 election about immigrant entrepreneurs and the challenges they face.
Tahmina, what inspired you to specialize in immigration law, particularly focusing on startups and entrepreneurs?
Tahmina Watson: When I passed the New York bar exams, I was living in Washington State, far from the bustling legal scene of New York City. I had just moved from the United Kingdom, where I was newly qualified as a barrister, and the options in Washington were limited.
It was by chance that I stumbled into immigration law. Unlike other areas of law, immigration was something I could practice across state lines since it fell under federal jurisdiction. The more I delved into it, the more I realized how critical and rewarding this field could be.
I decided to open my law firm just as the nation was gripped in a recession. The economic downturn hit many people hard, including high-skilled immigrants who suddenly found themselves laid off and uncertain about their future in the United States. These clients came to me, looking for ways to stay and pursue their dreams despite the challenges they faced.
One common thread emerged among them: a desire to launch a startup and contribute to the economy through innovation. They needed visas, and they needed someone who believed in their potential. I became their advocate, fighting not only for their visas and green cards but also for new laws and policies that would support their entrepreneurial ambitions.
Over the years, my practice evolved, focusing on serving startups and founders in their immigration needs. What began as a chance encounter with immigration law became a passionate mission to help shape the future for those who, like me, were looking for opportunities in a new land.
Grit Daily: How do current U.S. immigration policies impact foreign entrepreneurs looking to start businesses in the United States?
Tahmina Watson: The United States, unlike other countries, doesn’t have a specific visa tailored for startups. Our immigration laws were crafted decades ago, and they don’t quite fit the needs of modern-day founders. Complicating matters further, immigration law is often at the mercy of whoever occupies the White House, making it subject to shifts.
For entrepreneurs looking to start companies in the U.S., these challenges can be daunting. Navigating a system that wasn’t designed with them in mind, and that can change with every new administration, adds layers of uncertainty to an already difficult process.
However, the Biden-Harris administration has made significant strides in addressing these issues. Recognizing the critical role that entrepreneurs play in driving economic growth, they’ve introduced several favorable policy updates. Notably, the administration has revived the International Entrepreneur Parole, a program that offers temporary relief to foreign entrepreneurs who can demonstrate the potential to create jobs and contribute to the U.S. economy.
Additionally, they’ve updated the evidentiary requirements for various visas, making it easier for entrepreneurs to prove their value to the nation. These changes are a step forward in acknowledging the invaluable contributions that startups and their founders make, offering a glimmer of hope in a complex and ever-changing landscape.
Grit Daily: What are the common challenges immigrant entrepreneurs face when trying to establish a startup in the U.S.?
Tahmina Watson: Immigrant entrepreneurs face the same hurdles as U.S.-born entrepreneurs—building a company, raising funds, and bringing their products or services to market. However, they grapple with additional challenges, starting with the need to physically be in the U.S., which requires securing a visa.
Navigating the visa process can be a daunting task. With numerous visa options, but none perfectly tailored to their unique needs, getting into the country is just the first of many obstacles. Once they’re in, the struggle doesn’t end there. As their companies grow, they must continually reassess their visa status, seeking renewals and eventually working towards a green card. This ongoing immigration burden can slow down their business progress, adding a layer of stress and uncertainty to their entrepreneurial journey.
Grit Daily: How can startup founders navigate the complexities of obtaining work visas or green cards for themselves and their key employees?
Tahmina Watson: Since 2006, I’ve been helping founders and startups navigate the complex world of immigration law. Over the years, I’ve seen firsthand how crucial it is for entrepreneurs to have expert legal advice that’s specifically tailored to their unique challenges. The needs and goals of a founder can change dramatically as their business evolves, and having the right guidance at each stage is essential.
Grit Daily: In your experience, what are the most effective strategies for startups to secure funding and resources while dealing with immigration issues?
Tahmina Watson: For founders who aren’t yet in the U.S., educating their investors becomes a crucial part of the process. It’s a classic chicken-and-egg dilemma: the funding could greatly strengthen their visa application, but investors are hesitant to commit until the founders are on U.S. soil. To break this cycle, educating investors about the immigration process and its nuances can be a smart strategy.
If founders have the opportunity to be in the U.S., or if they’re already here on a different visa, securing investment becomes more feasible. In these cases, it’s wise for founders to have a clear immigration roadmap ready to present to potential investors. This shows not only their commitment but also their preparedness, making it easier for investors to see the path forward and feel confident in their decision to invest.
Founders are welcome to share my book, The Startup Visa: U.S. Immigration Visa Guide for Startups and Founders, and my article as a resource, Why And How Investors Can Support Immigrant Entrepreneurs.
Grit Daily: What advice would you give to immigrant entrepreneurs to ensure they stay compliant with U.S. immigration laws while growing their businesses?
Tahmina Watson: Understanding visa requirements and expiration dates is crucial. Knowing what’s needed to renew your visa is just as important. If your current visa isn’t extendable, it’s essential to identify your next visa option and start preparing for it early.
I tell founders that once they’ve secured a visa, their primary focus should be on making their company a success. The more successful their business, the smoother the immigration process will be down the road. Success not only drives the business forward but also strengthens your position when it’s time to navigate the next steps in your immigration journey.
Grit Daily: How do you see the future of immigration policies evolving, and what changes would you advocate for to support innovation and entrepreneurship in the U.S.?
Tahmina Watson: With Congress at a standstill on creating new laws and reforming our immigration system, it’s more important than ever to have policies that are friendly to entrepreneurs. The Biden-Harris administration has taken steps in this direction by addressing the needs of entrepreneurs in various visa policy updates.
However, the work doesn’t have to stop at the federal level—states can also play a crucial role. They can create laws and policies that specifically support immigrant entrepreneurs. In March 2024, I had the opportunity to collaborate with local lawmakers and stakeholders in Washington State to develop a state-funded immigrant entrepreneur program, which is currently in its creation phase. States like New York, California, and Michigan have already set great examples by creating funds aimed at attracting and retaining talent locally. These states understand that talent investment yields tangible returns for their local economies.
Ultimately, while these efforts are essential, what we truly need is a startup visa and broader immigration reform to fully support the entrepreneurial spirit that drives innovation and growth in our country.
