Today we discuss the newly introduced International Entrepreneur Rule (IER) which will allow certain foreign entrepreneurs to be paroled in to the country and seek US investment to develop and grow start-up business. Although this rule was published during the previous administration’s tenure but it was delayed to keep this in line with the new administration’s Executive Order, Border Security and Immigration Enforcement Improvements. This EO requires the Department of Homeland Security to ensure the parole authority is exercised only on case by case basis and only when individual demonstrates urgent humanitarian reasons or a significant public benefit due to parole.
To establish a start up business, the Entrepreneur should retain substantial ownership interest in the start up entity, have an active and central role to play, and will provide a significant public benefit to the United States. Such benefits can be in the form of receiving investment from the qualified US investors, or significant awards or grants for economic development and research and development or job creation. In all, the start up business must provide compelling evidence that it will bring substantial growth and will create jobs in the United States.
Further on Government shutdown as of January 19, 2018, USCIS will be business as usual except they can not E-verify the companies. The Passport and visa services will continue as usual. But if the shutdown continues for longer time, the consular posts will handle diplomatic visas and life and death emergencies only. Further, the Department of Labor will cease processing all the applications and no personnel will be available to respond to any inquiries. The web based systems – ICERT and PERM would be inaccessible during the shutdown.
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