The recent ruling in the case of National Venture Capital Association v. Duke by the U.S. District Court for the District of Columbia issued December 1, 2017 has ordered the US Citizenship and Immigration Service (USCIS) to immediately enforce the International Entrepreneur Rule (IER). The International Entrepreneur Rule was published during the Obama Administration and had a July 11, 2017 effectivity date but was belatedly enforced by the Trump Administration for purposes of reviewing the provisions of the IER, specifically the parole provision. The IER provides a way for international entrepreneurs to enter the U.S., use American investments to start and develop businesses, and apply for parole to stay in the U.S. for humanitarian reasons or significant public benefit.
The USCIS previously issued a final rule delaying the issuance of the IER until March 14, 2018 but is now overturned by the recent Court ruling brought about by the lawsuit filed by the National Venture Capital Association. The Department of Homeland Security will soon issue a Notice of Proposed Rulemaking that will remove the July 17, 2017 IER.