USCIS Implementing International Entrepreneur Rule
The U.S. Citizenship and Immigration Services (USCIS) announced today that it is beginning to implement the International Entrepreneur Rule (IER) to comply with a recent court decision. The U.S. District Court for the District of Columbia's December 1, 2017 ruling in National Venture Capital Association v. Duke vacated USCIS' final rule to delay the effective date of the IER, issued on July 11, 2017, just days before the IER was set to take effect.
The IER was issued on January 17, 2017 with a planned effective date of July 17, 2017, to grant entrepreneurs temporary parole to the U.S. in order to build and scale their businesses. An entrepreneur could qualify by demonstrating that his or her entry to the US would provide a "significant public benefit" and that his or her business has a "significant potential for rapid growth and job creation."
Although it has stated that it will begin accepting applications under the IER, USCIS has not provided a timeline describing when it will do so. USCIS also stated that DHS is in the final stages of drafting a notice of proposed rulemaking (NPRM) that will be issued to remove the IER. It also noted that President Trump's January 25th Executive Order requires the Secretary of Homeland Security to ensure that parole authority is only exercised on a case-by-case basis.
Please contact your Goel & Anderson attorney if you have any questions.