View Rule

On January 17, 2017, DHS published the International Entrepreneur Final Rule (the IE final rule) in the Federal Register at 82 FR 5238, with an original effective date of July 17, 2017. On July 11, 2017, DHS published a final rule at 82 FR 31887 delaying the effective date of the IE final rule until March 14, 2018, to allow for a full review of the rule. This notice of proposed rulemaking (NPRM) will propose to rescind the IE final rule. The NPRM will solicit public comments on the proposal to rescind the IE final rule.

Statement of Need:

DHS is reviewing the IE final rule in light of issuance of Executive Order 13767, Border Security and Immigration Enforcement.

Summary of the Legal Basis:

The Secretary’s authority for this proposed regulatory amendment can be found in the Homeland Security Act of 2002, Public Law 107-296, section 102, 116 Stat. 2135, 6 U.S.C. 112, and INA section 103, 8 U.S.C. 1103, which give the Secretary the authority to administer and enforce the immigration and nationality laws, as well as INA section 212(d)(5), 8 U.S.C. 1182(d)(5), which refers to the Secretary’s discretionary authority to grant parole and provides DHS with regulatory authority to establish terms and conditions for parole once authorized.

Alternatives:

Anticipated Costs and Benefits:

The economic costs of the IE final rule would have resulted from the filing costs of principal applicants applying for parole and from the associated filing costs of dependents of principal applicants. Therefore, this proposal to withdraw the IE final rule would result in those costs not being realized. This withdrawal of the IE final rule would also result in time saved by DHS adjudicators, as they would not be required to process the relevant parole applications. Furthermore, DHS would also save from expending any additional costs in technology and related systems updates that would otherwise be necessary.

Risks: