U.S. Citizenship and Immigration Services (USCIS) recently announced that the Department of Homeland Security (DHS) would withdraw a 2018 proposed rule that would have eliminated the International Entrepreneur parole program.

Key Points:

  • USCIS said the International Entrepreneur (IE) parole would “remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States.”
  • The rule guides DHS’ ability to grant a period of authorized stay to foreign entrepreneurs who can demonstrate that their stay in the U.S. would significantly benefit the public through potential rapid business growth and job creation.
  • Parole may be granted to up to three entrepreneurs per start-up entity, as well as their spouses and children. Individuals granted parole are only permitted to work for their entity. Their spouses may apply for employment authorization in the U.S., but their children are not eligible for such authorization based on this parole.

Background: The Obama administration established the IE final rule in January 2017. Before the rule took effect, the Trump administration delayed the implementation of the program to seek public comments on a new proposal intending to end the parole program. A federal court vacated the delay in December 2017, forcing USCIS to begin accepting IE parole applications consistent with the Obama administration final rule. The Biden administration now has formally withdrawn the proposal intended to eliminate the IE program.

Additional Information: More information on eligibility requirements and the application process is available on the IE parole program page.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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