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.
Originally published on CGCFirm on December 2017