Federal Judge Rules Against the Trump Administration by Not Allowing the Paroling of Certain Foreign
Since July 17, 2017, certain founders of startups in the U.S. were to become eligible to be able to be paroled into the U.S. for up to 30 months on a case-by-case basis; their stay may then be able to be extended for up to 30 months in the case that certain requirements are met. In order to be paroled into the U.S. under this rule, these entrepreneurs would need to provide evidence of their "substantial and demonstrated potential for rapid business growth and job creation providing a significant public benefit to the U.S." Only three entrepreneurs per startup along with their spouse and children would be permitted to benefit from this rule. The entrepreneur would have employment authorization only for employment with the startup and the spouse may also be eligible for employment authorization. The Department of Homeland Security (DHS) estimated that 2,940 entrepreneurs and 3,234 dependents per year would be eligible for parole under this rule.
The Trump Administration was sued for attempting to delay the effective date of this rule until March 2018 stating that it would likely eliminate the rule. On Friday, December 1, 2017, the U.S. District Court for Washington, D.C. ruled against the Trump Administration on the grounds that its actions would violate the Administrative Procedure Act (i.e., the rule making process).
***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***
Sources:
1. https://www.cnbc.com/2017/12/01/court-rules-against-trump-on-immigration-exemption-for-entrepreneurs.html
2. http://www.businessinsider.com/r-us-judge-rejects-delay-of-foreign-entrepreneur-immigration-rule-2017-12
3. https://www.uscis.gov/news/alerts/dhs-publishes-final-international-entrepreneur-rule
4. https://www.federalregister.gov/documents/2017/01/17/2017-00481/international-entrepreneur-rule
