On August 26, 2016, U.S. Citizenship and Immigration Services (“USCIS”) proposed a new rule to allow certain foreign national entrepreneurs to be considered for parole (temporary permission to be in the United States), in order to start or grow a business in the United States. On August 31, 2016, the proposed rule was published in the Federal Register, and the public was given 45 days (till October 17, 2016) to provide comment on the proposed rule. Once the 45-day comment period closes, USCIS will address the comments received and issue a final binding rule. USCIS currently hopes to have the final rule in place by the end of the year.
The proposed rule would allow the U.S. Department of Homeland Security (“DHS”) to use its existing authority to parole foreign nationals into the United States, to issue parole to foreign entrepreneurs of startup companies, whose stay in the United States would provide a “significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation”.
Under the proposed rule, DHS may parole entrepreneurs into the United States if they meet the following eligibility requirements: