The Department of Homeland Security (DHS) is proposing a rule to 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 U.S. to develop and build start-up businesses in the U.S. In July 2017, DHS published a final rule to delay the implementation date of the IE Final Rule to March 2018, to give the DHS 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. Now, DHS is proposing to eliminate the IE Final Rule because it 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.
By statute, DHS has discretionary authority to parole individuals into the U.S. temporarily, on a case-by-case basis, for urgent humanitarian reasons or significant public benefit. After reviewing DHS parole programs in accordance with the Executive Order titled Border Security and Immigration Enforcement Improvements, issued in January 2017, DHS is proposing to remove regulations published as part of the IE Final Rule. DHS concluded that the IE Final Rule created a complex and highly-structured program that was best established by the legislative process rather than relying on an unorthodox use of the Secretary’s authority to “temporarily” parole, in a categorical way, aliens based on “significant public benefit.”
The Immigration and Nationality Act already provides for visa classifications that enable certain entrepreneurs to start businesses and work in the U.S., such as the E-2 nonimmigrant and EB-5 immigrant classifications. DHS is committed to reviewing all existing employment-based immigrant and nonimmigrant visa programs to ensure program integrity and protect the interests of U.S. investors and workers.
CPG Immigration Law Group will continue to monitor these developments and publish more information as they become available. Call us at (415) 371-1800 to set up an appointment with an attorney to discuss your specific concerns. You can also subscribe to our blog to receive updates.