DHS Finalizes Entrepreneur Parole Rule, Expanding Options for Foreign National Entrepreneurs

On January 17, 2017, the U.S. Department of Homeland Security (DHS) published its final rule entitled “International Entrepreneur Rule.” This rule follows President Obama’s November 14, 2014 promise to use existing statutory authority to leverage current immigration law to encourage entrepreneurship and economic growth. The new rule will become effective on July 17, 2017. It remains to be seen if the new Trump administration will introduce any changes.

Once effective, the rule would allow DHS to use existing discretionary statutory parole authority to allow qualified entrepreneurs to stay in the US and work for the start-up entity. It is intended for individuals whose stay in the U.S. would provide a significant public benefit to the U.S. based on their role as entrepreneurs of start-up entities. No more than three entrepreneurs may receive parole with respect to any one qualifying entity.