On Aug. 31, Department of Homeland Security (DHS) published a notice of proposed rulemaking regarding an “International Entrepreneur Rule.” If finalized, as anticipated, the International Entrepreneur Rule would, under the authority of the Immigration and Nationality Act (INA) §212(d)(5), permit the use of parole (special entry) for “entrepreneurs of start-up entities whose entry into the United States would provide a significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation.”
The proposed rule is a product of President Barack Obama’s November 2014 executive actions on immigration. On Nov. 21, 2014, DHS Secretary Jeh Johnson directed U.S. Citizenship and Immigration Services (USCIS) to “propose a program that will permit DHS to grant parole status, on a case-by-case basis, to inventors, researchers, and founders of start-up enterprises who may not yet qualify for a national interest waiver, but 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.” DHS estimates that as many as 2,940 entrepreneurs could be eligible for parole under this program on an annual basis.
