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

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DHS Announces New International Entrepreneur Parole Option for Startup Founders

UN-flagsOn January 17, 2017, the U.S. Department of Homeland Security (DHS) published a new immigration avenue for foreign entrepreneurs who benefit the U.S economy. The “International Entrepreneur Rule” will serve as a pathway for qualified investors and foreign entrepreneurs to develop business enterprises which have significant public benefit in the United States.

This exciting news for start-ups and foreign entrepreneurs comes as a much welcomed development for those frustrated by the lack of immigration options available through the existing U.S. visas, which generally are not oriented to companies that are still in start-up mode.

Requirements

uscisThis new rule will be effective on July 17, 2017 and it will allow certain international entrepreneurs, on a case-by-case basis, to remain in the United States for up to five years in order to start or expand their businesses.  To secure the parole, three prerequisites are required: (1) applicant must submit the required application; (2) the application must be approved; and (3) a physical entry into the United States with the parole status is required. Continue reading

Immigrant Entrepreneurs May Be Able to Remain in the U.S. on Parole Under New Rule Proposed by DHS

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On August 31, 2016 , the Department of Homeland Security (DHS) proposed an amendment to its regulations in an effort to increase and enhance entrepreneurship, innovation, and job creation in the United States. The proposed rule would allow for the use of “parole” on a case-by-case basis for certain Startup entrepreneurs whose entry into the United States would provide a significant public benefit through “the substantial and demonstrated potential for rapid business growth and job creation.”  Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. To submit comments in support of this rule, follow the instructions in the notice.

The new “International Entrepreneur Rule” would expand the opportunity for international entrepreneurs, inventors, and startup founders to receive “parole”, which is temporary permission to be present in the United States.  “Parole” is not considered an admission to the United States, and does not confer any immigration status.  In addition, once a person is granted parole, the parolee’s stay in the U.S. is at DHS’s discretion and may be terminated at any time consistent with existing regulations.  DHS has broad discretion to grant parole and may do so on a case-by-case basis. Continue reading