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.
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