ANNOUNCED AS TEMPORARYNo
Labour market access
On January 17, 2017 the Department of Homeland Security (DHS) published a final rule to implement the Secretary of Homeland Security’s discretionary parole authority with the aim (according to the rule) “to increase and enhance entrepreneurship, innovation, and job creation in the United States.” The final rule adds new regulatory provisions guiding the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities who can demonstrate that they would provide a significant public benefit to the United States. Such potential would be indicated by, among other things, the receipt of significant capital investment from U.S. investors with established records of successful investments, or obtaining significant awards or grants from certain Federal, State or local government entities. If granted, parole would provide a temporary initial stay of up to 30 months (which may be extended by up to an additional 30 months) to facilitate the applicant's ability to oversee and grow his or her start-up entity in the United States.
The January 17 rule provided that it was to become effective July 17, 2017. On July 11, 2017 the DHS published a new rule delaying implementation of the rules from July 17, 2017 to March 14, 2018 while also requesting further comments from the public.
DHS subsequently announced that it was planning to propose to remove the IER "because it is not the appropriate vehicle for attracting and retaining international entrepreneurs and does not adequately protect U.S. investors and U.S. workers." That proposal was put in doubt on December 1, 2017, when the U.S. District Court for the District of Columbia vacated the delay rule as a result of litigation in National Venture Capital Association v. Duke. DHS has complied with the court order and implemented the IER parole program, but say thay it is "also in the final stages of publishing a notice of proposed rulemaking seeking to remove the IER."
On May 29, 2018 the Department of Homeland Security proposed the removal of its regulations pertaining to the international entreprepreneur program "because this program is not the appropriate vehicle for attracting and retaining international entrepreneurs and does not adequately protect U.S. investors and U.S. workers employed by or seeking employment with the start-up." It stated that written comments on the proposed withdrawal must be received on or before June 28, 2018.
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