Program Will Provide Opportunities for Foreign Entrepreneurs

WASHINGTON, DC, May 10, 2021 —U.S. Citizenship and Immigration Services announced today that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations. The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States. The program will help to strengthen and grow our nation’s economy through increased capital spending, innovation, and job creation.

Today’s announcement is consistent with President Biden’s Executive Order 14012: “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” The executive order requires the secretary of homeland security to “identify any agency actions that fail to promote access to the legal immigration system.”

“Immigrants in the United States have a long history of entrepreneurship, hard work, and creativity, and their contributions to this nation are incredibly valuable,” said Acting USCIS Director Tracy Renaud. “The International Entrepreneur parole program goes hand-in-hand with our nation’s spirit of welcoming entrepreneurship and USCIS encourages those who are eligible to take advantage of the program.”

The initial IE final rule was published on Jan. 17, 2017, and was scheduled to take effect on July 17, 2017. This final rule guided DHS in the use of its parole authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation.

Prior to the effective date, DHS published a final rule to delay the implementation date of the IE final rule to March 14, 2018. This allowed DHS additional time to draft and seek public comments on a proposal to rescind the IE final rule. However, in December 2017, a federal court vacated the delay, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE final rule. Since then, the program has been up and running, and USCIS continues to accept and adjudicate applications consistent with existing DHS regulations.

Under the IE program, parole may be granted to up to three entrepreneurs per start-up entity, as well as their spouses and children. Entrepreneurs granted parole are eligible to work only for their start-up business. Their spouses may apply for employment authorization in the United States, but their children are not eligible for such authorization based on this parole. Additional information on eligibility and how to apply is available on the International Entrepreneur Parole page. USCIS will plan information sessions and other outreach activities to ensure foreign entrepreneurs are aware of this opportunity and how to pursue it.

Donoso & Partners, a leading immigration law firm based in Washington, D.C., will continue to report on developments regarding the immigration law and policy through our news section of donosolaw.com.