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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Exciting News for Foreign Entrepreneurs: The International Entrepreneur Rule Is Back!

international-movers-and-packersGreat news for foreign  entrepreneurs looking for a way to pursue startup opportunities in the United States! A Federal Judge has blocked an effort by the Trump Administration to delay implementation of the International Entrepreneur Rule (IER), also known as the Entrepreneur Parole Rule, an Obama-era program that would give international entrepreneurs the opportunity to come to the United States to develop and operate start-up businesses.  Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018.  This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, on December 1, Judge James Boasberg of the U.S. District Court for the District of Columbia ordered the Department of Homeland Security (DHS) to begin accepting applications for the program in his decision in National Venture Capital Association v. Duke. Prior to Judge Boasberg’s decision, DHS attempted to delay implementation of the rule by postponing its implementation until March of 2018 so it could gather public comments on a proposal to rescind the rule altogether.

The main issue that led to Judge Boasberg’s decision arose when DHS delayed implementation of the rule without first holding a public notice and comment period on whether to institute the delay. According to the plaintiffs who filed the suit, including the National Venture Capital Association and other plaintiffs representing foreign entrepreneurs, DHS violated administrative procedures by delaying implementation of the rule, six days before it was to go into effect, without first soliciting public comment on whether to implement the delay. Continue reading

DHS Delays Debut of International Entrepreneur (Parole) Rule Until March 2018

international-movers-and-packersby Anthony Mance, Esq. and Jennifer Grady, Esq.

On Monday, July 10, 2017, the Department of Homeland Security (DHS) announced that it would delay implementation of an Obama-era program that would allow international entrepreneurs the opportunity to come to the United States to develop and operate start-up businesses.

In its announcement, which was officially entered into the Federal Register on Tuesday, DHS stated that the program, known as the International Entrepreneur Rule, would be delayed until March of 2018. According to DHS, the delay will allow for a pubic comment period on whether to fully rescind the Rule.

The International Entrepreneur Rule, which was issued by U.S. Citizenship and Immigration Services prior to President Obama leaving office, would provide international entrepreneurs with an opportunity to develop and run a business in the United States. The Rule would permit around 3000 international entrepreneurs annually to come to the United States for the purposes of developing and operating a business that offered a significant public benefit. To qualify, the entrepreneur would have to demonstrate that their business promotes public interest in ways that include hiring U.S. workers and contributing to the U.S. economy. Continue reading