Chapter 1 - Purpose and Background

A. Purpose

The international entrepreneur parole regulations provide a framework for DHS to use its parole authority^[1] to grant a period of authorized stay, on a case-by-case basis, to noncitizen entrepreneurs who possess a substantial ownership interest in a start-up entity and who can demonstrate that their stay in the United States would provide a significant public benefit through that start-up entity’s potential for rapid business growth and job creation.

Although an individual who is paroled into the United States has not been admitted into the United States for purposes of immigration law, parolees may enter and remain in the United States and may be authorized to work.

B. Background

Given the complexities involved in adjudicating applications from entrepreneurs claiming a significant public benefit, DHS established, by regulation, criteria for the case-by-case evaluation of parole applications filed by entrepreneurs of start-up entities. By including such criteria in a regulation, as well as establishing application requirements that are specifically tailored to capture the necessary information for processing parole requests on this basis, DHS facilitated the use of parole in this area.^[2]

DHS published a final rule introducing the criteria for entrepreneurs seeking significant public benefit parole on January 17, 2017, with an effective date of July 17, 2017.^[3] While DHS subsequently issued a rule with request for comment delaying the effective date of the rule to March 14, 2018,^[4] the U.S. District Court for the District of Columbia vacated the delay rule.^[5] Subsequently, on May 29, 2018, DHS issued a proposed rule that sought to remove the International Entrepreneur Rule.^[6] DHS, however, did not finalize that rule. Instead, it withdrew the proposed removal rule, signifying its support of the program.^[7]

On September 13, 2021, consistent with the investment and revenue amount adjustment provision in the final rule, DHS issued a technical amendment of the regulation adjusting amounts by the Consumer Price Index for All Urban Consumers (CPI-U) as of October 1, 2021.^[8]

C. Legal Authorities

• INA 212(d)(5) – Parole

• INA 274A – Unlawful employment of aliens

• 8 CFR 212.19 – Parole for entrepreneurs

• 8 CFR 274a – Control of employment of aliens

Footnotes

[^ 1] See INA 212(d)(5).

[^ 2] See 82 FR 5238 (PDF) (Jan. 17, 2017).

[^ 3] See 82 FR 5238 (PDF) (Jan. 17, 2017).

[^ 4] See 82 FR 31887 (PDF) (Jul. 11, 2017).

[^ 5] See Nat'l Venture Capital Ass'n v. Duke, 291 F. Supp. 3d 5 (D.D.C. Dec. 1, 2017).

[^ 6] See 83 FR 24415 (PDF) (May 29, 2018) (proposed rule).

[^ 7] See 86 FR 25809 (PDF) (May 11, 2021). See 86 FR 8277 (PDF) (Feb. 5, 2021), which directed agencies to identify any agency actions that fail to promote access to the legal immigration system.

[^ 8] See 86 FR 50839 (PDF) (Sept. 13, 2021).