On December 1, 2017 Judge James Boasberg of the U.S. District Court for the District of Columbia granted summary judgment to the National Venture Capital Association (NVCA) in its challenge to a regulation published by the Department of Homeland Security (DHS) delaying the implementation of the International Entrepreneur Parole (IEP) Rule. The IEP regulation, published in the last days of the Obama administration, aimed to provide an immigration option for foreign entrepreneurs. A summary of the IEP program appears here. The new program was scheduled to take effect on July 17, 2017, but on July 11, 2017, DHS published a rule in the Federal Register delaying the implementation of the program until March 2018, and stating DHS’s intention to rescind the IEP regulation entirely. Judge Boasberg ruled that the government violated the Administrative Procedure Act by summarily delaying the implementation of the program without publishing a full regulation seeking notice and comment from the public.
Continue Reading National Venture Capital Association Wins Lawsuit Challenging Delay of Implementation of International Entrepreneur Parole Rule

Practice Chair, Susan Cohen was quoted in the Law360 article, Rule for Foreign Startup Founders Seen as Helpful Stopgap in which she explains the nuances of the UCIS’s proposed entrepreneur rule, which will allow immigrant startup founders to temporarily stay in the U.S. Cohen notes that the rule doesn’t provide actual immigration status and clarifies the impact “parole status” will have on the overall visa process. The article provides an overview of the rule and the challenges non-U.S. entrepreneurs may face in meeting the rule’s requirements.

Susan Cohen was also quoted in the Bloomberg BNA article, Draft Immigration Rule Would Ease Foreign Entrepreneurs’ Entry in which she examines the investment threshold for the proposed entrepreneur rule. The article highlights key components of the rule, such as the two-fold parole period and its requirements, and offers expert insight from various attorneys on the rule’s implications.

On Thursday, December 18th at 4:30pm, Bill Coffman, Of Counsel in our Boston office, will lead a seminar at the Cambridge Innovation Center. Bill’s presentation will cover US work visa options for start-ups and entrepreneurs. He will also discuss how foreign national entrepreneurs can navigate the pitfalls of the current system.

Location:
Venture Café
Cambridge Innovation Center
One Broadway, 5th Floor
Cambridge, MA 02142

Please Note:
After arriving at One Broadway, please provide your name to the security desk on the ground floor. Then proceed to the 5th floor Venture Café kiosk to sign in and obtain your name tag. Registration begins at 4:30pm, the seminar will begin at 5:00pm.

To register, click here.