
Executive Summary
The Trump Administration has taken the initial step required to rescind a rule that offered qualifying international entrepreneurs permission to stay in the United States for up to five years.
The situation
The Department of Homeland Security (DHS) has sent a proposal to withdraw the International Entrepreneur rule to the Office of Management and Budget (OMB). The move is the first formal step taken by the Trump Administration to keep the highly anticipated program from taking effect.
Background
Promulgated in the final days of the Obama Administration and originally slated to take effect in July, the International Entrepreneur rule would have permitted qualifying 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 potential for rapid growth and job creation.
In July, the Trump Administration postponed the rule’s effective date to March 14, 2018 in order to give it time to consider whether to rescind or revise the program. The administration’s decision to move ahead with rescission is consistent with its ongoing efforts to limit the use of parole, as articulated in a January 25, 2017 Executive Order on border security and immigration enforcement.
Looking ahead
Once OMB completes its review of the proposal, DHS is expected to publish a formal notice in the Federal Register. Organizations and individuals would then have an opportunity to provide public feedback during a comment period, which is typically 30-60 days long.
Fragomen is closely monitoring the regulatory review process and will provide updates as they become available.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.
Media mentions
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.
Media mentions
Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.
Media mentions
Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.
Media mentions
Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.
Media mentions
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.
Media mentions
Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.
Media mentions
Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.
Media mentions
Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.
