DHS Proposes Removal of the Entrepreneur Parole Rule- Comment period ends June 28

international-movers-and-packersAccording to a post on the uscis.gov website dated May 25, 2018, the Department of Homeland Security (DHS) proposes an end the International Entrepreneur Rule (IE Final Rule), a program that allows certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here.  After review of all DHS parole programs in accordance with an Executive Order (E.O.) titled, “Border Security and Immigration Enforcement Improvements,” issued on January 25, 2017, the DHS is proposing to end the IE parole program, and remove or revise the related regulations, because it alleges that this program is not the appropriate vehicle for attracting and retaining international entrepreneurs, and does not adequately protect U.S. investors and U.S. workers employed by or seeking employment with the start-up.  Interested parties will have until June 28 to make their opinions heard by DHS.

Backstory

In July 2017, DHS published a final rule to delay the implementation date of the IE Final Rule to March 14, 2018, to give the Department time to draft a rescission of the IE Final Rule. However, in December 2017, a federal court vacated the delay rule, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE Final Rule.
However, DHS is now proposing to eliminate the IE Final Rule because the department believes that it represents an overly broad interpretation of parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining international entrepreneurs.

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