Washington Watch

Posted on: December 21st, 2017
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Federal Court Vacates Rule Delaying International Entrepreneur Rule

Federal district Judge James E. Boasberg vacated the rule initiated by the Trump Administration which sought to delay the International Entrepreneur Rule implemented by then president Obama. “The Delay Rule” was put forth by the Trump Administration before the effective date of the Entrepreneur rule, and was implemented to postpone the effective date until March 14, 2018.

The International Entrepreneur Rule was created to permit specific foreign entrepreneurs to obtain immigration parole, thus legally entering the United States without a visa or green card. This permission would be granted based on the understanding that it would encourage international entrepreneurs to anchor their business endeavors with high growth potential in the United States, thus improving the domestic economy. This possibility, in the landscape before the Entrepreneur Rule, would not have had a chance to occur. Since an executive order is incapable of initiating a visa category, a temporary solution was pursued, and the International Entrepreneur Rule was created. The Delay Rule, initiated by the Trump Administration the day before the Entrepreneur Rule was to take effect, was created, as its name suggests, to delay this rule from implementation.

The issue which Judge Boasberg saw with the Delay Rule was its implementation without providing notice to or seeking the opinion of the public, a practice commonly required by the Administrative Procedure Act (APA). Since there was no valid reason presented justifying the omission of this procedure, the Judge determined the Delay Rule to be invalid and vacated the Rule.

For more information, view the full case. Also, see Greg Siskind’s article in this issue entitled “12 Things to Know About Entrepreneur Parole.”

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