On December 14, 2017, USCIS published an announcement that they will begin accepting applications under the International Entrepreneur Rule or Startup Parole Rule (which was scheduled to take effect on July 17, 2017, but was postponed by current administration with intent to rescind).
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.
However, a December 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The December 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.
The IER or Startup Rule was published in the Federal Register on January 17, 2017 to provide the international entrepreneurs a new avenue to apply for parole, enter the U.S., and establish and grow start-up businesses.
Parole is a discretionary grant made by the DHS and is granted only on a case-by-case basis for urgent humanitarian reasons or significant public benefit. The rule established new criteria to guide the adjudication of parole applications from certain foreign entrepreneurs, providing them with temporary permission to come to the country. The rule did not afford a path to citizenship, which only Congress can do.
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.
Guidance on how to submit IER applications is available on USCIS International Entrepreneur Parole page.
Please note: while DHS implements the IER, DHS will also proceed with issuing a notice of proposed rulemaking (NPRM) seeking to remove the Jan. 17, 2017, IER. DHS is in the final stages of drafting the NPRM.
Read full text of the announcement at USCIS website here.
It appears that the USCIS made this announcement after the December 1st 2017 court ruling, however, USCIS plans to issue a new rule which will repeal and rescind the Startup Rule in the near future.
Please read our previous blog posts on this topic here , here, and here.
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.
However, a December 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The December 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.
The IER or Startup Rule was published in the Federal Register on January 17, 2017 to provide the international entrepreneurs a new avenue to apply for parole, enter the U.S., and establish and grow start-up businesses.
Parole is a discretionary grant made by the DHS and is granted only on a case-by-case basis for urgent humanitarian reasons or significant public benefit. The rule established new criteria to guide the adjudication of parole applications from certain foreign entrepreneurs, providing them with temporary permission to come to the country. The rule did not afford a path to citizenship, which only Congress can do.
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.
Guidance on how to submit IER applications is available on USCIS International Entrepreneur Parole page.
Please note: while DHS implements the IER, DHS will also proceed with issuing a notice of proposed rulemaking (NPRM) seeking to remove the Jan. 17, 2017, IER. DHS is in the final stages of drafting the NPRM.
Read full text of the announcement at USCIS website here.
It appears that the USCIS made this announcement after the December 1st 2017 court ruling, however, USCIS plans to issue a new rule which will repeal and rescind the Startup Rule in the near future.
Please read our previous blog posts on this topic here , here, and here.
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