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ImmigrationINFO Immigration News For Our Community Ò…Proposed Rule for Parole Entry into U.S. for Entrepreneurs

Sep 18, 2016 News

There are many foreigners that would like to start-up or expand their business into the United States. However, the burdensome immigration process has created roadblocks for many foreign entrepreneurs. That will soon change.
U.S. Citizenship and Immigration Services (USCIS) has proposed a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States. Parole means that the international entrepreneurs would not have to apply for a visa at the U.S. Embassy prior to entry into the United States.
“America’s economy has long benefitted from the contributions of immigrant entrepreneurs, from Main Street to Silicon Valley,” said USCIS Director León Rodríguez. “This proposed rule, when finalized, will help our economy grow by expanding immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment and generating revenue in the U.S.”
The proposed rule would allow the Department of Homeland Security (DHS) to use its existing discretionary statutory parole authority for entrepreneurs of startup entities 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 this proposed rule, DHS may parole (or allow entry without a visa), on a case-by-case basis, eligible entrepreneurs of startup enterprises:
1. Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations;
2. Whose startup was formed in the United States within the past three years; and
3. Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by:
(a) Receiving significant investment of capital (at least US$345,000) from certain qualified U.S. investors with established records of successful investments;
(b) Receiving significant awards or grants (at least US$100,000) from certain federal, state or local government entities; or
(c) Partially satisfying one or both of the above criteria in addition to other reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation.
Eligible entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entity in the United States. A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to provide a significant public benefit as evidenced by substantial increases in capital investment, revenue or job creation.
The notice of the proposed rule invites public comment for 45 days. It will take effect on the date indicated in the final rule when a final rule is published in the Federal Register. At this time, there is no guidance as to where the application for parole entry would be submitted – at the port of entry or a USCIS office. When the final rule is published, greater details will follow on the step-by-step process for applying for parole entry for foreign entrepreneurs.

For more information, contact Gail Law Firm:
Email: [email protected]
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com
FREE in-office consultation – FREE Live Chat

Copyright © Law Offices of Gail S. Seeram, 2016. All Rights Reserved.

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