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DHS Officially Delays Enforcement of International Entrepreneur Rule

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It’s official. The Department of Homeland Security has rolled out a plan to delay the effective date of the International Entrepreneur Rule, which was set to be enforced on July 17, 2017, to March 14, 2018, at which time the Department will seek comments from the public to rescind the rule, in accordance with Executive Order 13767, “Border Security and Immigration Enforcement Improvements” signed by President Trump on January 25, 2017.

Written comments from the public are due on or before 30 days from the date of publication in the federal register. It is strongly advised that all affected foreign entrepreneurs, business owners, attorneys, immigration advocates etc. leave a public comment identified by DHS Docket No. USCIS-2015-0006, online or by mail detailing the adverse effect that rescinding the rule would have on the U.S. economy and the expansion of jobs in the United States.

Public Comments

Online: Federal eRulemaking Portal: http://www.regulations.gov. Follow the website instructions for submitting comments.

This document is scheduled to be published in the Federal Register on 07/11/2017 and available online at https://federalregister.gov/d/2017-14619, and on FDsys.gov

By Mail: You may submit comments directly to U.S. Citizenship and Immigration Services (USCIS) by sending correspondence to Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, UCSIS, DHS, 20 Massachusetts Avenue, NW, Washington, DC 20529. Remember to reference DHS Docket No. USCIS-2015-0006 in all mail correspondence.

The President and Chief Executive of the National Venture Capital Association, Bobby Franklin expressed his disappointment in the decision stating, “Today’s announcement is extremely disappointing and represents a fundamental misunderstanding of the critical role immigrant entrepreneurs play in growing the next generation of American companies. At a time when countries around the world are doing all they can to attract and retain talented individuals to come to their shores to build and grow innovative companies, the Trump administration is signaling its intent to do the exact opposite.”

When the International Entrepreneur Rule was first passed under the Obama administration, the rule itself was uncontroversial, since immigration attorneys and experts recognized that obtaining “parole” under the rule is extremely difficult. To gain parole, foreign entrepreneurs must demonstrate either a significant capital investment from U.S. investors ($250,000 or more) with established records of successful investments, or the attainment of significant awards or grants from certain Federal, State, or local government entities ($100,00 or more).

It is very important for foreign entrepreneurs to discuss alternatives to the International Entrepreneur Rule such as H, O, L, or E visa options during this uncertain time.

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