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DHS/USCIS RIN: 1615-AC04 Publication ID: Fall 2019 
Title: Removal of International Entrepreneur Parole Program 
Abstract:

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 May 29, 2018, DHS published a notice of proposed rulemaking (NPRM) proposing to remove the international entrepreneur parole program from DHS regulations and solicited public comments on the proposal.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 8 CFR 212.5   
Legal Authority: 8 U.S.C. 1182(d)(5)(A)   
Legal Deadline:  None

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 gives 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:

DHS recognizes that foreign entrepreneurs have made substantial and positive contributions to innovation, economic growth, and job creation in the United States, and that the removal of the rule could cause potential loss of some of these economic benefits. Filing costs by principal entrepreneurs and spouses would be sunk costs for those entrepreneurs who have applied for parole since the effective date, but would no longer maintain parole if this rule is finalized as proposed. Additionally, DHS assumes that there will be familiarization costs associated with this rule. Spouses of entrepreneurs may involuntarily be separated from their employers and those employers could incur labor turnover costs, but such costs will be mitigated by allowing natural expiration of parole for those who have been approved and are in the United States.

Risks:

Timetable:
Action Date FR Cite
NPRM  08/31/2016  81 FR 60129   
NPRM Comment Period End  10/17/2016 
Final Rule  01/17/2017  82 FR 5238   
Final Rule Effective  07/17/2017 
Final Rule Delay of Effective Date  07/11/2017  82 FR 31887   
NPRM--Removal of International Entrepreneur Parole Program  05/29/2018  83 FR 24415   
NPRM Comment Period End-Removal of International Entrepreneur Parole Program  06/28/2018  83 FR 24415   
Final Action--Removal of International Entrepreneur Parole Program  12/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Brian Hunt
Acting Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW, Suite 1200,
Washington, DC 20529-2200
Phone:202 272-8377
Fax:202 272-1480
Email: brian.j.hunt@uscis.dhs.gov