Jackson Hertogs DHS delays effective date of International Entrepreneur Final Rule—telegraphs that rule will be rescinded – Jackson Hertogs Immigration Law

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DHS delays effective date of International Entrepreneur Final Rule—telegraphs that rule will be rescinded
7.10.2017

DHS is temporarily delaying the effective date of the International Entrepreneur (IE) rule from July 17, 2017 to March 14, 2018. As background, the IE proposed rule was originally published on August 31, 2016. After the comment period, the final rule was published on January 17, 2017 and was to take effect on July 17, 2017. That final rule’s effective date has been delayed.
The IE would allow for the discretionary case-by-case parole authority of the DHS to allow for certain international entrepreneurs to enter the United States based on the individual’s demonstration that they would provide a significant public benefit. Among the criteria to be evaluated was evidence that the individual had secured significant capital investment from US investors or government entities. On January 25, the President issued a new executive order (EO), called Border Security and Immigration Enforcement Improvements, which required the DHS to re-evaluate the use of its parole authority. Based on the review of the EO, DHS decided to delay the effective date of the rule while also soliciting public comments on the proposal to rescind the IE Final Rule.
The advance copy of the notice that will be published in the Federal Register on July 11, 2017, states that “Given that DHS will be proposing to rescind the IE final rule, and may ultimately eliminate the program, the expenditure of [USCIS] resources is unlikely to ever be recouped from the filing fees under the new program.” What the notice telegraphs is that DHS will be proposing full rescission of the Final Rule and therefore DHS is pushing out the effective date so that USCIS does not go through the expense of creating new business units that will never be called upon to adjudicate IE parole cases.
One provision included in the final IE, specifically a technical revision to add to the Form I-9 List C documents the Department of State Consular Report of Birth Abroad (Form FS-240), will not be delayed or rescinded.

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