On May 29, 2018, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register proposing elimination of the International Entrepreneur Rule (IER). Public comments on the proposed elimination are due by June 28, 2018. USCIS expects that, after the comments are considered and a final rule is published, the final rule would take effect 30 days after publication.
On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the International Entrepreneur Rule (IER), in compliance with a federal court order. The IER regulations, 8 CFR § 212.19, allow qualifying foreign national entrepreneurs to enter the U.S. temporarily to develop and grow new businesses. At the same time it is accepting applications under the IER, however, the agency is preparing to publish a Notice of Proposed Rule-Making (NPRM) to rescind the IER. Thus, it is unclear whether individuals who apply to enter the U.S. pursuant to the IER will ultimately receive the benefits of the rule, or for how long.
News Release from Jewell Stewart & Pratt PC U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule that would allow certain international entrepreneurs to be considered for parole – temporary permission to be in the United States – so that they may start or scale their businesses here. The rule would guide the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities whose entry into the United States would provide a significant public benefit. Under this rule, the Department of Homeland Security would be able to parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises:
- Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations.
- Whose startup was formed in the United States within the past three years.
- Whose startup has substantial and demonstrated potential for rapid business growth and job creation – as demonstrated by receipt of significant investment from qualified U.S. investors, or receipt of significant awards from certain government entities (or other evidence, if either or both of these criteria is partially satisfied.)
If granted, parole would provide an initial stay of up to two years (extendable up to an additional three years) to facilitate the applicant’s ability to oversee and grow the start-up entity. A subsequent request for re-parole would be considered only when the entrepreneur and the start-up entity continue to provide a significant public benefit, as evidenced by substantial increases in capital investment, revenue, or job creation.
© Jewell Stewart & Pratt PC 2016
Last week marked the launch of Entrepreneur Pathways, an online resource center that gives immigrant entrepreneurs a means to investigate opportunities to start and grow a business in the United States. Called a “new front door for immigrant entrepreneurs” by the White House, this new resource is part of the Entrepreneurs in Residence initiative, and was announced during a visit to MIT’s entrepreneurship center by Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services (USCIS).
News Release from Jewell & Associates, PC – August 2, 2011
Breaking news: The Wall Street Journal reports today that Washington will provide immigration benefits to foreign entrepreneurs in its quest to increase job growth in the United States. The WSJ article can be viewed at: http://tiny.cc/ibvud.html.
Jewell & Associates, PC will provide further coverage of the details, as they become available, in future posts.
© Jewell & Associates, PC 2011