On August 24, 2016, the Department of Homeland Security announced its intention to publish a proposed rule that would permit DHS to use its discretionary parole authority to aid entrepreneurs of start ups whose presence in the United States would be of significant public benefit. The public will have 45 days after official publication to comment.
DHS plans to measure an entrepreneur’s substantial for rapid business growth and employment creation by whether he or she has received significant U.S. investment from U.S. investors with established successful track records, in addition to grants from governmental entities within the U.S., among other factors. DHS stated that parole would be for up to 2 years with an extension for an additional 3 year period. Parole decisions are made on a case-by-case basis.
The proposed rule provides no immediate benefit. After DHS receives comments, it will decide on what changes if any to make to the proposed rule, and whether or when to publish an implementing rule.