Breaking news, a federal judge for the District of Columbia, issued a ruling in the lawsuit, National Venture Capital Association, et.al. v. Duke, et. al, overturning the government’s delay of the International Entrepreneur Rule. This means that international entrepreneurs may now apply for parole under the rule as of Friday, December 1, 2017. The caveat, however, is that since the ruling was just handed down on Friday, no application has yet been released to apply under the rule, and the current parole application is not suited for the rule. It is expected that the government will soon issue a statement regarding the court’s decision and provide further guidance on what form to use.
In its decision, the judge ruled that the Department of Homeland Security unlawfully delayed enforcement of the rule, when it postponed the rule from going into effect just days before the rule was set to go into effect on July 17, 2017, without following the appropriate notice-and-comment procedure required by the Administrative Procedure Act.
Entrepreneurs must keep in mind that the the Trump administration may appeal the federal judge’s decision, or continue with their plans to rescind the rule, but as it now stands the government must accept applications for the international entrepreneur rule, even if the administration continues with their plans to rescind the rule.
What is the IER?
The rule makes it easier for eligible start-up entrepreneurs to obtain temporary permission to enter the United States for a period of 30 months, or 2.5 years, through a process known as “parole,” for the purpose of starting or scaling their start-up business enterprise in the United States. The decision about whether to “parole” a foreign entrepreneur under this rule will be a discretionary determination made by the Secretary of Homeland Security on a case-by-case basis (INA Section 212(d)(5), 8 U.S.C. 1182(d)(5)).
“Parole” will be granted to eligible entrepreneurs who can demonstrate that their company’s business operations are of significant public benefit to the United States by providing evidence of substantial and demonstrated potential for rapid business growth and job creation. Such demonstrated potential for rapid growth and job creation may be evidenced by: (1) significant capital investment from U.S. investors with established records of successful investments or (2) attainment of significant awards or grants from certain Federal, State, or local government entities.