On August 3, 2016, USCIS submitted a new proposed rule on parole for entrepreneurs to the Office of Management and Budget (“OMB”) for review.  This rule has been much anticipated as the program was first proposed almost two years ago under President Barack Obama’s immigration executive actions and outlined in a formal memo dated 11/20/2014, from the Department of Homeland Security to USCIS entitled “Policies Supporting U.S. High-Skilled Businesses and Workers.”

Under U.S. immigration law, parole is a discretionary decision that allows foreign nationals who would otherwise be inadmissible enter and be physically present in the United States as an “applicant for admission” who has temporary status.

USCIS’ submission of the proposed rule is a positive step in the right direction as there are currently few visa options for start-up entrepreneurs and business owners. While the text of the proposed rule has not been made public as of yet, the OMB’s Spring Agenda of Regulatory Actions has summarized the proposed rule:

“The Department of Homeland Security (DHS) is proposing to establish a program that would allow for consideration of parole into the United States, on a case-by-case basis, of certain inventors, researchers, and entrepreneurs who will establish a U.S. start-up entity, and who have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting edge research. Based on investment, job-creation, and other factors, the entrepreneur may be eligible for temporary parole.”

This proposed rule may be one of several to come during the remainder of the calendar year as USCIS has announced several potential regulatory changes, including potential modifications to regulations governing the EB-5 Immigrant Investor Program.
I.A. Donoso & Associates is uniquely positioned to report on these changes because of our location in Washington, D.C. We will continue to monitor any USCIS regulatory actions that will affect the EB-5 Regional Center Program and Immigrant Investors.

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