DHS Reminds of E-2 and EB-5 Options while Ending Entrepreneur Rule | KNG Law

Today, May 25, 2018 DHS updates us that the department is actively working on ending the Obama Administration's International Entrepreneur rule, while reminding us of other viable investor visa options for international entrepreneurs. DHS encourages investment through the E-2 and EB-5 options in their news release.

In their news release DHS states the department is now proposing to eliminate the IE Final Rule because the department believes that it represents an overly broad interpretation of parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining international entrepreneurs. 

In July 2017, DHS published a final rule to delay the implementation date of the IE Final Rule to March 14, 2018, to give the Department time to draft a rescission of the IE Final Rule. However, in December 2017, a federal court vacated the delay rule, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE Final Rule. 

DHS emphasizes it has discretionary authority to parole individuals into the United States temporarily, on a case-by-case basis, for urgent humanitarian reasons or significant public benefit. After reviewing DHS parole programs in accordance with the Executive Order titled Border Security and Immigration Enforcement Improvements, issued on Jan. 25, 2017, DHS is proposing to remove regulations published as part of the IE Final Rule. DHS concluded that the IE Final Rule created a complex and highly-structured program that was best established by the legislative process rather than relying on an unorthodox use of the Secretary’s authority to “temporarily” parole, in a categorical way, aliens based on “significant public benefit”.

The Department highlights that the Immigration and Nationality Act already provides for visa classifications that enable certain entrepreneurs to start businesses and work in the United States, such as the E-2 nonimmigrant classification and the EB-5 immigrant classification.