Part of President Obama’s regulatory agenda relating to immigration involved creation of an “entrepreneur visa” program that would allow foreign national inventors and entrepreneurs to be able to immigrate temporarily to the United States to establish and grow a business. While certain existing visa programs already provide some entrepreneurs and researchers with a mechanism to come to the U.S., existing visa category requirements are often difficult for entrepreneurs and researchers to meet.
On August 24, 2016, the Office of Management and Budget (OMB) cleared a proposed rule that would “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.” According to the announcement, “based on investment, job-creation, and other factors, the entrepreneur may be eligible for temporary parole.”
The details of the proposed program are not yet known, but likely will be published in the Federal Register in the next several weeks. USCIS will likely accept public comments on the proposal for 30-60 days, and will then consider those comments before publishing a final regulation. The program would not become available until a final version of the rule is implemented. Please contact SPS Immigration if you have questions on how this might impact your immigration case.