DHS Delays Effective Date of Entrepreneur Rule

On July 11, 2017, the Department of Homeland Security announced their decision to delay the implementation of the International Entrepreneur Final Rule, previously set to go into effect on July 17. This rule will now go into effect on March 14, 2018. 

DHS reasoned that this delay will provide the agency further opportunity to obtain public opinions concerning a proposal to rescind the rule pursuant to Executive Order 13767 “Border Security and Immigration Enforcement Improvements”, published on January 25, 2017. Comments may be submitted through the Federal eRulemaking Portal

The delay is due in part to concerns that the rule, published in August 2016 under the Obama Administration and finalized by DHS on January 17, 2017, may conflict with the Executive Order’s requirement that the DHS Secretary must take appropriate action to ensure the parole authority is only exercised on a case-by-case basis. 

The American Immigration Lawyers Association (AILA) issued a statement in which the organization expresses its concerns that DHS failed to establish a “good cause” for the delay, as required by the Administrative Procedure Act (APA). AILA further argues that the International Entrepreneur Rule is consistent with the Immigration and Nationality Act’s Parole Authority. 

The International Entrepreneur Rule was announced on January 17, 2017. The rule, when implemented, will allow certain international entrepreneurs to be considered for temporary parole for a maximum stay of up to five (5) years. 

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