On December 1, 2017, a D.C. District Court vacated the Department of Homeland Security’s (DHS) decision to delay the implementation of an Obama-era immigration rule, the International Entrepreneur Rule (IER), 82 Fed. Reg. 5,238 (Jan. 17, 2017).
In order to increase and enhance entrepreneurship, innovation, and job creation in the United States, the IER would have allowed certain foreign entrepreneurs to obtain immigration “parole” — that is, to temporarily enter the United States despite lacking a visa or green card.
The “Delay Rule” postponed the IER entry into force for another eight months, until March 14, 2018. However, the Trump administration didn’t provide notice or soliciting comment from the public, as the applicable procedures require. The Court agreed with Plaintiffs that the DHS lacked good cause to dispense with the APA’s strictures and deemed the “Delay Rule” invalid.
It is difficult to predict the next steps. Staff training would be required but an IER Form (Form I-941) has already been created although not implemented.
For more information on entrepreneurs’ available options, contact Craig Dobson
Crystal & Giannoni-Crystal, LLC is a “lawyers for lawyers and international matters” boutique law firm. The firm has offices in Charleston, SC, New York, NY, and Washington, DC. The firm is available to serve clients – in association when needed with local counsel – with transactions in Italy, Spain, Germany, France, Portugal, UK, Mainland China, Hong Kong, India, Indonesia, Australia, Latin America, Brazil, and Argentina. In the U.S., we are able to offer our full list of services in New York, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Westchester County, in the District of Columbia, in South Carolina, including Aiken County, Anderson County, Beaufort County, Berkeley County, Charleston County, Dorchester County, Florence County, Greenville County, Horry County, Richland County, Spartanburg County, Sumter County and York County, and the communities of Charleston, Myrtle Beach, Sumter, Florence, Columbia, Lexington, Aiken, Rock Hill, Greenville, Spartanburg, Anderson, and Hilton Head, in Georgia, including Savannah and the whole Chatham county.