United States: DHS Delays International Entrepreneur Rule, Plans Rescission

A final rule that would offer qualifying international entrepreneurs permission to stay in the United States for up to five years will be postponed from July 17, 2017 to March 14, 2018, while the Department of Homeland Security takes steps to rescind it.

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Jul 11, 2017

The Department of Homeland Security (DHS) will postpone the effective date of the highly anticipated International Entrepreneur regulation until March 14, 2018 while it considers whether to rescind the rule, according to a notice published in today's Federal Register.

Originally slated to take effect on July 17, the regulation would have permitted qualified foreign entrepreneurs with U.S. start-up businesses to stay in the United States under temporary parole for up to five years if they could demonstrate substantial U.S. investment and the potential for rapid growth and job creation. The regulation was finalized in the last days of the Obama Administration.

At a later date, DHS plans to publish a formal proposal to withdraw the rule and will accept public feedback on that proposal. The agency has indicated that rescission of the rule is "highly likely."

Its plan for the rule is consistent with the Trump Administration's goal of limiting the use of parole, as articulated in a January 25, 2017 Executive Order on border security and immigration enforcement.  

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

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