DHS Proposes Rescission of the International Entrepreneur Parole Regulation

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At a glance

• The long-anticipated proposed rule seeks to terminate a program that offers temporary parole to foreign entrepreneurs who have established a U.S. start-up.
• The proposed rule will be published on May 29; DHS will accept public comments for 30 days thereafter.

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A closer look

The Department of Homeland Security will soon publish a proposal to terminate the International Entrepreneur Rule (IER), an Obama-era regulation that sought to allow qualifying entrepreneurs to seek up to five years of temporary parole if they had established a U.S. start-up that had attracted substantial U.S. investment. 

The Obama-era regulation was originally slated to take effect in July 2017, but the Trump Administration delayed the rule shortly before its effective date and announced plans to rescind it. A federal court later ordered the Administration to accept applications while it pursued rescission.  DHS has reportedly received only a small number of applications since that time.

In its justification for rescission of the IER, DHS calls the program an inadequate mechanism for attracting and retaining foreign entrepreneurs and an unwarranted use of agency resources.

The proposed rule is slated for publication on May 29.  DHS will accept public comments for 30 days after publication.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.