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

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