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The Department of Homeland Security published a proposed rule Tuesday proposing to remove the International Entrepreneur Rule, an Obama-era regulation that allowed qualified entrepreneurs to apply for parole status to enter or remain in the U.S. to grow their businesses.
Key points:
Background: Shortly after taking office, the Trump administration issued a rule to delay implementation of the International Entrepreneur Rule days before it was slated to take effect in July 2017. On Dec. 1, 2017, a federal court vacated the delay, concluding that DHS violated the Administrative Procedure Act because it did not go through normal rulemaking procedures, including a public notice and comment period.
Although DHS was ordered to implement the rule, only a handful of applicants filed for parole under the International Entrepreneur Rule and all applications remain pending as the agency works to rescind the rule.
BAL Analysis: Companies and individuals interested in submitting comments to DHS may follow the instructions in the Federal Register notice here, or contact BAL for assistance.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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