Washington, D.C., December 5, 2017: As reported in an August news item by I.A. Donoso & Associates, the Department of Homeland Security (DHS) previously announced a rule which delayed the implementation of the International Entrepreneur parole category until March 2018 (the “Delay Rule”). The International Entrepreneur Parole Rule was finalized by the Obama Administration and allows foreign-born entrepreneurs to travel to or stay in the U.S. to grow their companies for two and a half years with the possible extension of another two and a half years. The Trump Administration announced that the rule would be delayed and that DHS intended to rescind the final rule shortly before the International Entrepreneur Parole Rule was to go into effect on July 17, 2017.

On Dec. 1, 2017, the U.S. District Court for District of Columbia (Washington, D.C.) issued a decision vacating the Delay Rule. The court found that DHS did not give adequate time for public notice and comment, and thus violated the Administrative Procedure Act, which governs federal agency rulemaking.

The impact of the District Court’s decision is that the International Entrepreneur Parole category should resume availability. This category was designed to give 30 months of “parole” (renewable once for another 30 months if certain requirements are met) to allow a foreign entrepreneur to visit the U.S. in order to operate and grow a start-up entity, including those which have at least US$250,000 in invested capital from established U.S. investors, or which have received at least US$100,000 in awards or grants from government funding entities. In each case, DHS must determine in its discretion that a significant public benefit is served by permitting the entry of the foreign entrepreneur.

We will report shortly on any measures by DHS to either appeal the District Court’s decision or implement the International Entrepreneur Parole category.

I.A. Donoso & Associates, LLC, is a law firm based in Washington, D.C., and is recognized as a leading immigration law firm with renowned expertise in investor visa programs.