WASHINGTON, DC – The Department of Homeland Security (DHS) is proposing a rule to end a program that allowed certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here, known as the International Entrepreneur Rule (IER Final Rule). Earlier a court decision had vacated USCIS’ final rule to delay the effective date. The current administration took the position that IER provided an unlimited number of international entrepreneurs a new avenue to apply for parole, enter the U.S., and use American investments to establish and grow start-up businesses. On Jan. 25, 2017, President Trump issued Executive Order 13767, Border Security and Immigration Enforcement Improvements, which requires the Secretary of Homeland Security to ensure that parole authority is exercised only on a case-by-case basis, and only when an individual demonstrates urgent humanitarian reasons or a significant public benefit due to the parole. [Read our article on IER Final Rule].
DHS is now proposing to eliminate the IE Final Rule because the department under the current administration 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 United States temporarily, on a case-by-case basis, for urgent humanitarian reasons or significant public benefit.
Despite this roll back from current administration in retaining foreign-born entrepreneurs, the Immigration and Nationality Act provides for visa classifications that enable certain entrepreneurs to start businesses and work in the United States, such as the E-2 nonimmigrant classification, L-1 (New Business) and the EB-5 immigrant classification.
To learn more about visa and immigration options for start-up companies athttps://adhikarilaw.com/visa-for-start-up-companies/ or
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