Immigration Pathway for International Entrepreneurs

On December 14, 2017, The U.S. Citizenship and Immigration Services (USCIS) announced it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision.

An Immigration Pathway for International Entrepreneurs Rule is in effect. Humanitarian Parole will be granted on a case by case relief for non-immigrant investors.

 

Immigration Pathway for International Entrepreneurs

International Entrepreneur Rule (IER)

Background

The USCIS International Entrepreneur Rule (IER) Relief is in effect and will provide relief on a case by case basis for non-immigrant individuals who demonstrate urgent humanitarian reasons or a significant public benefit due to the temporary parole.

Although 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.  This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

 

US District Court Vacatur

However, a Dec. 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 Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

 

International Entrepreneur Pathway to Immigration Parole

The IER was published during the previous administration to provide 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.

 

What is Parole?

Parole is a discretionary grant made by the Secretary of Homeland Security 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.

 

IER Humanitarian Relief on Case by Case Basis

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.

 

Let Us Help

New York Attorney Yolette M. Saintiny provides legal representation for diverse law subject matters stateside and immigration and naturalization services for individual clients across the U.S. and abroad.

Additionally, Ms. Saintiny offers Entrepreneurial Services such as and not limited to Business Planning, Business Loan and Grant, Tax Services and Corporation Creation.

Contact Us: 347-955-1515 to schedule consultations.

 

Immigration Pathway for International Entrepreneurs Resources

www.federalregister.gov

www.uscis.gov

Green Cards For Nonimmigrant US Residents

 

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