Significant Public Benefit Parole For Entrepreneurs
Introduction
A proposed rule providing parole for entrepreneurs recently
reached the Office of Management and Budget for review. The rule
comes as a response to several of the initiatives in President
Barack Obama’s executive order of November 20 2014. The
executive order to modernize and streamline the US immigration
system for the 21st century sought to address how the United States
can continue to attract immigrants to foster innovation and
entrepreneurship, in order to grow the US economy and create jobs
for US citizens.
Government research from the White House indicates that
immigrants are extremely entrepreneurial, founding businesses that
create jobs for millions of US citizens. In particular:
“One report noted that 25 percent of companies backed
by venture capital between 1991 and 2006 were started by
immigrants. Another study reported that immigrants started a
quarter of engineering and technology companies founded between
1995 and 2005. In May 2012, the Small Business Administration’s
(SBA) Office of Advocacy released a research study which found that
immigrants have high business formation rates and create successful
businesses that hire immigrant and U.S. citizen employees, and
export goods and services.”1
Because of these significant findings, the executive action is
indispensable to ensure that entrepreneurs continue to be
innovative contributors to the United States.
Parole Program
To move forward with the executive order pertaining to
entrepreneurship, the government indicated that the Department of
Homeland Security will propose – consistent with its existing
parole authority – a parole programme for entrepreneurs who
would provide a ‘significant public benefit’.
The proposed Significant Public Benefit Parole for Entrepreneurs
rule reached the Office of Management and Budget for review on
August 1 2016. The office assists the president in fulfilling his
vision across the executive branch. It reports directly to the
president and supports numerous agencies and departments across the
federal government to “implement the commitments and
priorities of the President”.2 For this rule,
the Office of Management and Budget will “coordinate and
review all significant Federal regulations by executive agencies,
to reflect Presidential priorities and to ensure that economic and
other impacts are assessed as part of regulatory
decision-making”.
While the full text of the proposed rule is not yet public, the
website summary indicates that:
“The Department of Homeland Security (DHS) is proposing
to establish a program that would allow for consideration of parole
into the United States, on a case-by-case basis, of certain
inventors, researchers, and entrepreneurs who will establish a U.S.
start-up entity, and who have been awarded substantial U.S.
investor financing or otherwise hold the promise of innovation and
job creation through the development of new technologies or the
pursuit of cutting edge research. Based on investment,
job-creation, and other factors, the entrepreneur may be eligible
for temporary parole.”3
At present, Congress gives the attorney general the power to
parole into the United States any foreign national applying for
admission based on recommendations, including for a significant
public benefit.4 Parole of a foreign national for a
significant public benefit is not regarded as an admission of the
foreign national. When the purposes of the parole, in the opinion
of the attorney general, have been served, the foreign national
should return to his or her home country and his or her case will
continue to be dealt with in the same manner as that of any other
applicant for admission to the United States.5 It
is unclear whether the proposed rule will follow the same
procedures as the existing treatment of parolees for significant
public benefit.
Comment
It is anticipated that additional information pertaining to the
proposed rule will be released before the conclusion of Obama’s
term in office.
Footnotes
1 www.whitehouse.gov/sites/default/files/docs/final_visa_modernization_report.pdf.
2 www.whitehouse.gov/omb/organization_mission.
3 www.reginfo.gov/public/do/eAgendaViewRule?pubId=201604&RIN=1615-AC04.
4 8 CFR 212(d)(5)(a).
5 Ibid.
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