Back to Top skip to main content
GandS U.S. Immigration Logo
Dec 6, 2017

District Court Ruling Revives “International Entrepreneur” Parole

Andrew Clancy Rodgers

Foreign-owned start-up companies seeking to establish their headquarters in the United States received a bit of positive news on Friday when the U.S. District Court for the District of Columbia ruled that the Trump Administration’s delay of an Obama-era International Entrepreneur program was unlawful.

The International Entrepreneur Rule was intended to serve as a pathway for foreign entrepreneurs who meet certain benchmarks to apply for temporary “parole” status - that is, temporarily stay in the country without a visa if their company demonstrated the potential for rapid growth and job creation. This “entrepreneur parole” would offer immigration solutions for individuals who do not qualify for other visas, such as an E-2, to actively manage their businesses.

As Green and Spiegel previously posted on July 17, 2017, the U.S. Department of Homeland Security (DHS) delayed and intended to effectively dismantle the International Entrepreneur Rule (“IER”) promulgated by the Obama Administration.  Although the rule was proposed by the Obama administration on August 31, 2016, and set to go into effect on July 17, 2017, the DHS, under Trump, swiftly shelved it citing the Trump Administration’s Executive Order 13767 – purporting to prescribe improvements to border security and immigration enforcement.

Last Friday, Federal Judge James Boasberg ruled in favor of a lawsuit brought by the National Venture Capital Association (NVCA), in which the NVCA argued that the delay violated the Administrative Procedure Act’s requirements as the DHS did not provide notice or solicit advance comment from the public about the rule change.

Although the Administration must begin accepting applications under the proposed rule, as of the date of this writing, the IER Form (Form I-941) has been created but not implemented by USCIS.  As such, there is no formal mechanism by which foreign nationals may apply. Green and Spiegel will be closely monitoring developments on this issue.  If your company was affected by the previous delay, or if you feel you may be eligible under the International Entrepreneur Rule, contact us today to discuss potential strategies.

Related Team

Recent Blogs

Sep 21, 2021

By Mid-November, Those Who Have Been Fully Vaccinated Will Likely Be Free to Travel to the U.S. Without A COVID-19 Waiver

The Biden Administration is preparing to set aside the COVID-19 Travel Restrictions for fully vaccinated foreign nationals. By mid-November, many noncitizens may be able to travel to the U.S. with vaccination proof and a negative COVID-19 test. Foreign travelers who are not fully vaccinated will likely remain subject to Travel Restrictions and may find it more difficult to get COVID-19 waivers. Learn more.

Sep 17, 2021

Update on the H-1B Cap Lottery System

On Wednesday, a California federal judge struck down a controversial Trump-era rule which aimed to change the H1-B lottery system from the current random selection process to one based upon prioritizing those with higher salaries. U.S. District Judge Jeffrey White joined a growing list of federal judges who have found that former Acting Secretary of Homeland Security Chad Wolf was not lawfully appointed as Acting Secretary, and therefore lacked any authority to implement the new January 2021 rule. Learn more in this blog.

Sep 17, 2021

DOS Announces Visa Interviews may be Waived for Certain F, M and J Visa Applicants

Understanding the important contributions foreign nationals make to college and university campuses, The Department of State (DOS) announced on September 14th, 2021 that Consular officers are authorized to expand the categories of F, M, and “academic J visa applicants” eligible to be waived from the in-person interview with certain exceptions. Learn more in this blog.