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Immigration Alert: Department of Homeland Security Delays International Entrepreneur Rule

The Department of Homeland Security (DHS) announced that it will delay implementation of the International Entrepreneur Rule until March 2018 while it considers whether to rescind it. The rule was set to go into effect on July 17. The proposed rule would allow qualifying international entrepreneurs to seek temporary permission to stay in the U.S. as parolees for up to 5 years, to facilitate the growth of promising startups. To be eligible, entrepreneurs would be required to show that their businesses would provide a significant public benefit through the potential for rapid economic growth and future job creation in the U.S. The rule was finalized in January 2017 under the Obama Administration and was intended to expand the available immigration options for startups.

In the announcement, DHS cited President Trump’s January Executive Order, “Border Security and Immigration Enforcement Improvements,” which directed the agency to review procedures for granting parole. Going forward, DHS will publish a notice seeking public comment on a formal proposal to rescind the rule.

If you have any questions regarding this alert, please contact your designated Gibney representative, or email immigrationalerts@gibney.com.