U.S. Citizenship and Immigration Services announced today that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations. The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States. The program will help to strengthen and grow our nation’s economy through increased capital spending, innovation, and job creation. Today’s announcement is consistent with President Biden’s Executive Order 14012: “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” The executive order requires the secretary of homeland security to “identify any agency actions that fail to promote access to the legal immigration system.” “Immigrants in the United States have a long history of entrepreneurship, hard work, and creativity, and their contributions to this nation are incredibly valuable,” said Acting USCIS Director Tracy Renaud. “The International Entrepreneur parole program goes hand-in-hand with our nation’s spirit of welcoming entrepreneurship and USCIS encourages those who are eligible to take advantage of the program.” The initial IE final rule was published on Jan. 17, 2017, and was scheduled to take effect on July 17, 2017. This final rule guided DHS in the use of its parole authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation. Prior to the effective date, DHS published a final rule to delay the implementation date of the IE final rule to March 14, 2018. This allowed DHS additional time to draft and seek public comments on a proposal to rescind the IE final rule. However, in December 2017, a federal court vacated the delay, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE final rule. Since then, the program has been up and running, and USCIS continues to accept and adjudicate applications consistent with existing DHS regulations. Under the IE program, parole may be granted to up to three entrepreneurs per start-up entity, as well as their spouses and children. Entrepreneurs granted parole are eligible to work only for their start-up business. Their spouses may apply for employment authorization in the United States, but their children are not eligible for such authorization based on this parole.
TPS for Venezuela
| TPS Designated Through: | Sept. 9, 2022 |
| Registration Period | March 9, 2021 – Sept. 5, 2021 |
| Continuous Residence in U.S. Since: | March 8, 2021 |
| Continuous Physical Presence in U.S. Since: | March 9, 2021 |
| TPS Designation Date: | March 9, 2021 |
| Federal Register Notice Citation: | 86 FR 13574 |
When to File for TPS
If you are applying for Temporary Protected Status (TPS) under Venezuela’s designation, effective March 9, 2021, you must register during the 180-day registration period that runs from March 9, 2021, through Sept. 5, 2021. We encourage you to register as soon as possible within the 180-day registration period.
Individuals who apply for and receive TPS and who are also covered by DED do not need to apply for employment authorization under both programs. Individuals who apply for an EAD pursuant to their TPS application will receive an EAD with an expiration date of September 9, 2022, that is eligible for renewal if the Secretary extends TPS for Venezuela after September 9, 2022, after determining that Venezuela continues to meet the conditions supporting its designation for TPS. Individuals who apply for an EAD pursuant to DED will receive an EAD with an expiration date of July 20, 2022. If the President does not direct an extension of the DED authorization, DED, and associated employment authorization, will end on July 20, 2022. USCIS encourages individuals who
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believe they are eligible for TPS to file for the benefit during the initial registration period announced in this Notice, even if they are also covered by DED, in case they cannot qualify for TPS late initial filing under 8 CFR 244.2(f)(2) after DED has expired.
Court expected to rule on the constitutionality of DACA soon.
A federal judge in Texas is expected to rule within days – to a few weeks – on a case that will determine the fate of DACA and 640,000 immigrants brought to the country as children illegally. While the Biden administration has vowed to secure a pathway for citizenship for these people, many anticipate that DACA will be ruled unlawful, resulting in recipients being stripped of their protection from deportation and work permits. Texas and eight other states are asking the court to end DACA, arguing the program is unconstitutional. The first hearing was in December, but the judge did not issue an immediate ruling.
Broad warrantless border phone search policy approved
On Tuesday, the First Circuit found that searches of cellphones and other electronic devices at the U.S. border do not require a warrant or probable cause and can be used to search for contraband. The court ruled in favor of ICE and CBP, finding that the government’s security interests are at their peak when dealing with people crossing the border and outweigh privacy concerns. The case was initially brought by the government and ACLU of Massachusetts in November 2019, where the trial court found that a simple search of devices required reasonable suspicion. The 1st Circ. overturned that holding, saying the trial judge’s finding was too narrow.
National Interest Exceptions for Certain Travelers from Europe
DOS announced that certain business travelers, investors, treaty traders, academics, students, and journalists may qualify for national interest exceptions (NIEs) under the presidential proclamation covering travelers from the Schengen Area, U.K., and Ireland.