DHS to Withdraw Trump Opposition to International Entrepreneur Parole Rule

May 7, 2021 | Investor Visas

There have been reports that U.S. Department of Homeland Security (“DHS”) will soon be withdrawing the Trump Administration’s plan to remove the International Entrepreneur Parole Program. This would be part of President Biden’s and DHS’ Secretary Alejandro Mayorkas’ “America First” policy of growing the U.S. economy

The International Entrepreneurial Parole provides eligibility to certain entrepreneurs to enter the United States under DHS’ parole authority, if they:

  • Possess a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
  • Have a central and active role in the start-up entity such that they are well-positioned to substantially assist with the growth and success of the business.
  • Will provide a significant public benefit to the United States based on their role as an entrepreneur of the start-up entity

The spouse of a foreign entrepreneur granted parole may also be eligible for parole and can apply for work authorization once present in the United States. 

Additionally, President Biden’s immigration plan includes the creation of a new visa category to allow cities and counties to petition for immigrants to support their growth.  It states:

The disparity in economic growth between U.S. cities, and between rural communities and urban areas, is one of the great imbalances of today’s economy. Some cities and many rural communities struggle with shrinking populations, an erosion of economic opportunity, and local businesses that face unique challenges. Others simply struggle to attract a productive workforce and innovative entrepreneurs. As president, Biden will support a program to allow any county or municipal executive of a large or midsize county or city to petition for additional immigrant visas to support the region’s economic development strategy, provided employers in those regions certify there are available jobs, and that there are no workers to fill them. Holders of these visas would be required to work and reside in the city or county that petitioned for them and would be subject to the same certification protections as other employment-based immigrants.

We welcome the Biden Administration’s leadership and proposals for modern solutions that tackle complex problems, fix America’s immigration system and help keep the U.S. as the world’s most dynamic and innovative economy. 

WR Immigration attorneys are able to help foreign entrepreneurs navigate the complex process to obtain approval from USCIS and get travel documentation from a U.S. consulate abroad or at a U.S. port-of-entry. 

Related Posts:

Analyzing the Recent Trend of EB-5 Expedited Processing

This article was previously published in the Regional Center Business Journal. The full version of the journal can be viewed in its entirety here. By:  Joseph Barnett Time is of the essence, especially in EB-5 petition and application processing.  Despite the Immigrant Investor Program Office’s (“IPO’s”) increase in staff and the re-organization of its adjudication teams for more efficient processing in recent years, EB-5 adjudications remain undeservedly long.  According to USCIS’ September 3, 2018 website screenshot, it takes an average of about 20-26 months for I-526 adjudications, and 19.5 – 25.5 months for I-924 adjudications.  One potential way to speed up EB-5 adjudications is to request “expedited processing” by USCIS. Is Expedited Processing for Soon-To-Be Backlogged Countries Helpful? Expedited processing is of particular interest these days for Indian, and some South Korean, and possibly for Taiwan and Brazilian nationals looking to receive Form I-526 approvals before the U.S. Department of State (“DOS”) imposes a Final Action Date (i.e. a Visa Bulletin cutoff date), which DOS has informally projected will occur by the Summer of 2019. There is a possibility that, through expedited processing, an EB-5 beneficiary could slide through to immigrant visa processing before a Final Action Date falls in FY 2019.  Individuals […]

Direct EB-5 Due Diligence: Buyer Beware (and Immigration Attorneys Be Cautious)

Authored by Joseph Barnett and Bernard Wolfsdorf, on behalf of AILA EB-5 Committee There has been a lot of recent interest from prospective immigrant investors in direct EB-5, including “pooled direct” investments.  This is partially because the more popular EB-5 Regional Center program is waiting for reauthorization, and the (likely temporary) minimum investment requirement presently at $500,000 for job creation in a Targeted Employment Area (“TEA”).[1]  As a result, the AILA EB-5 Committee would like to share their thoughts on specific issues related to the representation of direct EB-5 clients, as a high percentage of direct EB-5 cases appear to run into difficulties. Limited Scope of Representation.  As lawyers, we can rely on outside professionals (such as accountants and business advisors) to provide advice in areas we are not competent to handle. Being a good immigration lawyer and advising clients regarding investor visas does not require that every lawyer handling these cases must be competent in the tax, business, and accounting work that is a critical part of the EB-5 framework. It is correct to state that EB-5 requires a team including the immigration lawyers, corporate lawyers, franchise lawyers, securities lawyer, business plan writer, accountant, banker, and the list goes […]