The final International Entrepreneur Rule published January 17, 2017 uses two possible periods of up to 30 months. The August 31, 2016 proposal had described up to two years initially and up to three additional years. The change concerns the structure of potential temporary stays; it does not make either period an entitlement. [2017-00481][2016-20663]
A separate legal distinction is more fundamental. Parole is in lieu of admission to the United States, not a visa or a grant of immigration status. DHS evaluates whether an entrepreneur’s presence would provide significant public benefit and whether the person merits a favorable exercise of discretion. Satisfying evidentiary criteria does not itself resolve that judgment. [2017-00481]
The final initial period runs from the date the individual is actually paroled. Its public-benefit rationale concerns a startup’s substantial potential for rapid growth and job creation. Qualifying investment or government awards can support that assessment. The operative framework also permits specified partial satisfaction of funding criteria accompanied by other reliable and compelling evidence; the funding routes are not a demand to obtain every kind of financing. [2017-00481]
Publication and availability must also be separated. The January issue announced July 17, 2017 as the future effective date. The proposal helps identify what changed, while the final document states the adopted design and schedule. They are one agency rulemaking chain, not independent evidence of economic results or proof of later implementation. Reading the two together prevents an older proposed duration from being reported as the final arrangement. [2017-00481][2016-20663]
Source documents
- International Entrepreneur Rulehttps://www.govinfo.gov/content/pkg/FR-2017-01-17/html/2017-00481.htm
- International Entrepreneur Rulehttps://www.govinfo.gov/content/pkg/FR-2016-08-31/html/2016-20663.htm