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 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.

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: