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:

Senate-Passed Bill Would Remove Per-Country Limits on All Employment-Based Immigrant Visa Categories; Includes Controversial Provisions

On December 2, 2020, the U.S. Senate passed its version of H.R. 1044, the “Fairness for High-Skilled Immigrants Act of 2020.” The Senate version of the bill now returns to the U.S. House of Representatives. If the Senate version passes in the House and is signed into law by the President, it would remove the per-country limits on all employment-based immigrant visa categories, among other things. Since Congress is scheduled to end its session shortly, chances for passage in the House are unclear. The bill includes several controversial provisions, such as an annual limit on the number of immigrants who could adjust from H-1B status to that of permanent resident and a bar on those affiliated with the military forces of the People’s Republic of China or the Chinese Communist Party or the Chinese military. Details: R. 1044, https://www.congress.gov/bill/116th-congress/house-bill/1044 Section-by-section summary of Senate bill, https://www.visalaw.com/siskind-summary-s-386-fairness-high-skilled-immigrants-act-2020-852020/

7 Years for a “Special” Form I-526 Approval

On April 14, 2021, U.S. Citizenship and Immigration Services (“USCIS”) approved our former client, Mr.  Zhang’s, Form I-526 – Immigrant Petition by Alien Entrepreneur.  His case had been pending since December 2013.  This is a special Form I-526 approval, as Mr. Zhang was one of the two named plaintiffs in Zhang v. USCIS et al.¸ in which the U.S. Court of Appeals for the District of Columbia Circuit rejected USCIS’ interpretation of the term “capital” in the EB-5 regulations.  The circuit court held that the term “cash” unambiguously includes the proceeds of third-party loans, stating “Cash is fungible, and it passes from buyer to seller without imposing on the seller any of the buyer’s obligations to his own creditors.”  The court found that USCIS’ position was inconsistent with the regulation and can thus have no legal effect.     USCIS has not officially responded to the Zhang decision.  Mr. Zhang’s Form I-526 approval appears to confirm that USCIS will not be appealing the court’s decision to the U.S. Supreme Court for further review. Despite the five months that have passed since the decision, USCIS’ online Policy Manual regarding the use of loan proceeds as capital has not been updated to reflect it, […]