Removal of International Entrepreneur Parole Program

Published date11 May 2021
Citation86 FR 25809
Record Number2021-09609
SectionProposed rules
CourtU.s. Citizenship And Immigration Services
Federal Register, Volume 86 Issue 89 (Tuesday, May 11, 2021)
[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
                [Proposed Rules]
                [Pages 25809-25810]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-09609]
                ========================================================================
                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 86, No. 89 / Tuesday, May 11, 2021 / Proposed
                Rules
                [[Page 25809]]
                DEPARTMENT OF HOMELAND SECURITY
                U.S. Citizenship and Immigration Services
                8 CFR Parts 103, 212 and 274
                [CIS No. 2572-15; DHS Docket No. USCIS-2015-0006]
                RIN 1615-AC04
                Removal of International Entrepreneur Parole Program
                AGENCY: U.S. Citizenship and Immigration Services, DHS.
                ACTION: Proposed rule; withdrawal.
                -----------------------------------------------------------------------
                SUMMARY: The U.S. Department of Homeland Security (DHS) is withdrawing
                a proposed rule that published on May 29, 2018. The NPRM had proposed
                removing DHS regulations pertaining to the international entrepreneur
                parole program. Those regulations guide the adjudication of significant
                public benefit parole requests made by certain noncitizen entrepreneurs
                of start-up entities in the United States.
                DATES: DHS withdraws the proposed rule published May 29, 2018 at 83 FR
                24415 as of May 11, 2021.
                ADDRESSES: The docket for this withdrawn proposed rule is available at
                http://www.regulations.gov. Please search for docket number USCIS-2015-
                0006.
                FOR FURTHER INFORMATION CONTACT: Charles Nimick, Business and Foreign
                Workers Division Chief, Office of Policy and Strategy, U.S. Citizenship
                and Immigration Services, DHS, 5900 Capital Gateway Drive, Camp
                Springs, MD 20746; telephone 240-721-3000 (this is not a toll-free
                number). Individuals with hearing or speech impairments may access the
                telephone numbers above via TTY by calling the toll-free Federal
                Information Relay Service at 1-877-889-5627 (TTY/TDD).
                SUPPLEMENTARY INFORMATION: On May 29, 2018, DHS published a notice of
                proposed rulemaking (NPRM or proposed rule) titled ``Removal of
                International Entrepreneur Parole Program'' in the Federal Register (83
                FR 24415). That rule proposed to revise DHS regulations governing
                adjudication of significant public benefit parole requests made by
                certain noncitizen entrepreneurs of start-up entities in the United
                States. Specifically, if finalized, the rule would have removed the
                international entrepreneur parole program (IE parole program) from DHS
                regulations. In response to the May 2018 NPRM, DHS received 892
                comments during the 30-day public comment period. The overwhelming
                majority of commenters opposed the proposed removal of the IE parole
                program.
                 Approximately 8 percent of commenters expressed support for the
                rule's removal of the IE parole program from the regulations and/or
                offered suggestions for improvement. Nearly 87 percent of commenters
                expressed general opposition to the rule that would have removed the IE
                parole program, without suggestions for improvement. Around 3 percent
                of commenters expressed mixed opinions on the rule and 2 percent were
                out of scope. Comments may be reviewed at the Federal Docket Management
                System (FDMS) at http://www.regulations.gov, docket number USCIS-2015-
                0006.
                 Commenters who opposed the rule did so primarily on the basis that
                removing the IE parole program would lead to unrealized economic
                benefits, damage U.S. innovation and entrepreneurship, and harm
                noncitizen startup founders. Additionally, commenters disagreed with
                DHS's assertion that parole is not an appropriate mechanism for a
                program promoting entrepreneurs, and they further argued that IE parole
                is within the scope of DHS parole authority. Commenters also stated
                that DHS should not, as one of the proposed means of winding down the
                program, automatically terminate IE parole granted to individuals,
                arguing this would lead to a significant burden to entrepreneurs, their
                startup entities, and the individuals employed by their businesses. In
                addition, commenters believed the May 2018 NPRM's statutory and
                regulatory reviews, required by Executive Orders 12866 and 13563, did
                not take into account the full costs of removing the IE parole program.
                They argued that there would be significant costs from losing
                additional funding from current and future investors, as well as costs
                related to the viability and continued operation of the start-up
                entity. Commenters also felt the May 2018 NPRM did not fully consider
                costs to small businesses, nor did it provide less onerous
                alternatives, as required by the Regulatory Flexibility Act (RFA).
                 The NPRM was issued subsequent to Executive Order 13767, ``Border
                Security and Immigration Enforcement Improvements,'' issued on January
                25, 2017. This Executive Order had directed Federal agencies to
                ``ensure that parole authority under section 212(d)(5) of the INA is
                exercised only on a case-by-case basis in accordance with the plain
                language of the statute, and in all circumstances only when an
                individual demonstrates urgent humanitarian reasons or a significant
                public benefit derived from such parole.''
                 On February 2, 2021, President Biden issued Executive Order 14010,
                ``Creating a Comprehensive Regional Framework to Address the Causes of
                Migration, to Manage Migration Throughout North and Central America,
                and to Provide Safe and Orderly Processing of Asylum Seekers at the
                United States Border.'' This Executive Order revoked Executive Order
                13767. In addition, on February 2, 2021, President Biden issued
                Executive Order 14012, ``Restoring Faith in Our Legal Immigration
                Systems and Strengthening Integration and Inclusion Efforts for New
                Americans.'' This Executive Order directed Federal Agencies to
                ``identify any agency actions that fail to promote access to the legal
                immigration system.''
                 In light of the recent Executive Orders, DHS has reviewed the May
                2018 NPRM and public comments that were overwhelmingly in opposition to
                the NPRM and has decided to withdraw that NPRM. DHS believes that the
                existing regulations in 8 CFR 212.19 appropriately guide the exercise
                of discretion, on a case-by-case basis, when considering requests for
                parole filed by noncitizen entrepreneurs. Such applications will
                continue to be decided consistent with the Secretary's statutory
                authority to grant parole on a case-by-case basis when it is determined
                that the applicant will provide a significant public benefit and that
                the applicant merits a favorable exercise of discretion.
                [[Page 25810]]
                DHS further believes that continuing to administer the IE parole
                program, in accordance with 8 CFR 212.19, and withdrawing the May 2018
                NPRM, is consistent with the Administration's goal of better ensuring
                that all avenues available under the law remain viable options for
                those seeking to come to the United States, including qualified
                entrepreneurs who would substantially benefit the United States by
                growing new businesses and creating jobs for U.S. workers. Therefore,
                for all the reasons discussed above, DHS is withdrawing the May 29,
                2018, NPRM that would have removed the IE parole program from DHS
                regulations.
                Authority
                 Executive Order 14010, ``Creating a Comprehensive Regional
                Framework to Address the Causes of Migration, to Manage Migration
                Throughout North and Central America, and to Provide Safe and Orderly
                Processing of Asylum Seekers at the United States Border''; 8 U.S.C.
                1182(d)(5).
                 Executive Order 14012, ``Restoring Faith in Our Legal Immigration
                Systems and Strengthening Integration and Inclusion Efforts for New
                Americans.''
                Alejandro N. Mayorkas,
                Secretary, U.S. Department of Homeland Security.
                [FR Doc. 2021-09609 Filed 5-10-21; 8:45 am]
                BILLING CODE 9111-97-P
                

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