The Department of Homeland security (DHS) proposes to remove the International Entrepreneur Rule (IE Final Rule) program that allows qualifying foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses.
The IE Final Rule was enacted by the Obama Administration in an effort to “increase and enhance entrepreneurship, innovation, and job creation in the United States.” The rule gave DHS discretionary authority to allow certain foreign entrepreneurs of start-up businesses with a “demonstrated potential for rapid business growth and job creation,” to enter under a parole status and stay in the United States to oversee and grow their start-up businesses. Days before the rule’s July 17, 2017, effective date, DHS filed a new rule delaying the implementation of the IE Final Rule until March 14, 2018.
DHS cited President Trump’s “Border Security and Immigration Enforcement Improvements” executive order as the reason for the delay. DHS explained that the executive order requires that parole be granted only on a case-by-case basis “when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.”
However, in December 2017, a federal court vacated the delay rule, requiring the United States Citizenship and Immigration Services (USCIS) to begin accepting international entrepreneur parole applications consistent with the IE Final Rule.
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.
Recognizing that it is difficult for foreign entrepreneurs to qualify for existing visa categories — such as the H-1B visa, which requires an employer sponsorship — the department said Congress could create a new visa classification to provide legal immigration status to foreign entrepreneurs.
If you should have any questions or need more information about the way that the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please feel free to contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing to us at info@visaserve.com or by calling us at 201-670-0006 (x107) or by visiting our Law Firm’s website at https://www.visaserve.com