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US Citizenship and Immigration Services (USCIS) is pro- posing a new rule, letting some international entrepreneurs to be considered for parole (temporary permission to be in the United States) to start or scale their businesses in the US. The public will have 45 days from the date of publication in the Federal Register to comment. To submit comments, follow the instructions in the notice or contact me. ‘America’s economy has long benefitted from the contri- butions of immigrant entrepreneurs, from Main Street to Silicon Valley,’ said Director León Rodríguez. ‘This pro- posed rule, when finalized, will help our economy grow by expanding immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting invest- ment and generating revenue in the US.’ The proposed rule would allow the Department of Home- land Security (DHS) to use its existing discretionary statu- tory parole authority for entrepreneurs of startup entities whose stay in the United States would provide a significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation. Under this proposed rule, DHS may parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises: Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations; Whose startup was formed in the US in the past three years; and Whose startup has substantial and demonstrated poten- tial for rapid business growth and job creation, as evi- denced by: Receiving significant investment of capital (at least $345,000) from certain qualified US investors with estab- lished records of successful investments; Receiving significant awards or grants (at least $100,000) from certain federal, state or local government entities; or Partially satisfying one or both of the above criteria in ad- dition to other compelling evidence of the startup entity’s substantial potential for rapid growth and job creation. Under the proposed rule, entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entity in the US. A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to pro- vide a significant public benefit as evidenced by substantial increases in capital investment, revenue or job creation. The notice of proposed rulemaking in the Federal Register invites public comment for 45 days, after which USCIS will address the comments received. It will take effect on the date indicated in the final rule when a final rule is published in the Federal Register. SUMMARY: The DHS proposes to amend its regulations implementing the Secretary of Homeland Security’s discre- tionary parole authority to increase and enhance entrepre- neurship, innovation, and job creation in the United States. The proposed rule would add new regulatory provisions guiding the use of parole on a case-by-case basis with respect to 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. Such potential would be indicated by, among other things, the receipt of significant capital investment from US investors with established records of successful investments, or obtaining significant awards or grants from certain Federal, State or local govern- ment entities. If granted, parole would provide a temporary initial stay of up to two years (which may be extended up to an additional three years) to facilitate the applicant’s ability to oversee and grow his or her startup in the US. A subse- quent request for re-parole would be considered only when the entrepreneur and his or her startup entity continues to provide a significant public benefit as evidenced by substan- tial increases in capital investment, revenue, or job creation. DHS believes that a regulatory process for seeking and grant- ing parole in this business-creation context—including by es- tablishing criteria for evaluating individual parole applications on a case-by-case basis—is important given the complexities involved in such adjudications and the need for guidance regarding the general criteria for eligibility by the startup entrepreneurs, entities, and investors involved.
DHS invites comments, data, and information from all in- terested parties, including advocacy groups, nongovern- mental organizations, community-based organizations, entrepreneurs, investors, other entities in the entrepreneur- ial ecosystem of the US, and legal representatives who spe- cialize in immigration law on any and all aspects of this proposed rule. Comments that will provide the most assis- tance to DHS in developing these procedures will reference a specific portion of the proposed rule, explain the reason for any recommended change, and include data, informa- tion, or authorities that support such recommended change. DHS is generally seeking comments on: A. Proposed filing requirements and procedures; B. Proposed definitions and criteria for evaluating parole applications, including investment, award, revenue, job cre- ation, and alternative criteria; C. Proposed conditions, including limits on the number of entrepreneur parolees per startup entity and time limits on parole periods; D. Proposed provisions establishing employment author- ization for entrepreneurs incident to parole; E. Proposed provisions regarding termination of parole; and F. Proposed opportunity to request re-parole, length of period for re-parole, and limiting re-parole opportunities. DHS also invites comments on the economic analysis sup- porting this rule and the proposed new parole request form for entrepreneurs. For more information on the proposed rule contact me at AllenEKaye5858@gmail.com
AILA welcomes proposed business immigration rule that helps entrepreneurs
Washington, DC – The American Immigration Lawyers Association welcomed a proposed USCIS rule on immigrant entrepreneurs that is expected to be formally published in the Federal Register next week. AILA President Bill Stock noted, ‘This is a welcome step, one that AILA has been advocating for years... This rule fol- lows up on President Obama’s promise in November 2014 to use existing statutory authority to leverage current im- migration law to encourage entrepreneurship and economic growth. The proposed rule would allow startup founders, those who could show a significant public benefit to the US from the development of their new companies, a ‘parole’ into the US to grow that company and create jobs. This feels like a door being opened, one that has previously been locked and barred for entrepreneurs, offering them a way through outdated and cumbersome US immigration law.’ Benjamin Johnson, AILA’s executive director, said, ‘At first glance, this proposed framework appears to set reason- able and flexible benchmarks to measure likelihood of suc- cess of entrepreneurial enterprises. That is vitally important, given the inherent risks in starting a new busi- ness and creating new jobs. The devil is in the details of course, and AILA will be offering comment on the 155 page proposed rule in the coming days. But frankly, it’s refresh- ing to see a proposal that acknowledges the global market- place of ideas that this century, and technological innovation, have brought.’