Last year, USCIS introduced the International Entrepreneur Rule (IER) under which the Department of Homeland Security may use its parole authority to grant a period of authorized stay to foreign entrepreneurs who can demonstrate that their stay in the United States would provide a significant public benefit through their start-up business. IER parole may be granted for up to three entrepreneurs per start-up company. The foreign spouses and children of international entrepreneurs would also be eligible for parole.
However, USCIS is now proposing a new rule to rescind the International Entrepreneur Rule as it believes that this is an overly broad interpretation of the statutory parole authority granted to the Department of Homeland Security. As per the relevant statute, DHS has discretionary authority to parole individuals into the U.S. temporarily on a case-by-case basis only for urgent humanitarian reasons or significant public benefit. DHS believes that the IER does not sufficiently protect U.S. workers and investors and therefore should be rescinded.
If an individual is interested in making an investment or starting a business in the U.S., he or she can also consider the E-2 Treaty Investor program or EB-5 Immigrant Investor program. Please contact our office to discuss alternative investment options.