July 28 -- The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) invites the general public and other Federal agencies to comment by September 27, 2021 regarding Application for Significant Public Benefit Entrepreneur Parole and Instructions for Biographic Information for Entrepreneur Parole Dependents. Entrepreneurs can use this form to make an initial request for parole based upon significant public benefit; make a subsequent request for parole for an additional period; or file an amended application to notify USCIS of a material change. USCIS is not proposing any changes in the currently approved information collection.
The Secretary of Homeland Security has discretionary authority to grant temporary parole “under conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit [to] any individual applying for admission to the United States.” DHS amended its regulations at 8 CFR part 212 to establish a process for paroling foreign entrepreneurs into the United States based on case-by-case discretionary determinations of whether their entrepreneurial activities in the United States will provide the United States with a significant public benefit. Parole under this rule allows these individuals to temporarily enter the United States to pursue development of start-up businesses in the United States. DHS requires those entrepreneurs granted parole under this rule to submit to USCIS updated information regarding the economic activity of the entrepreneur’s start-up entity and the entrepreneur’s household income. USCIS would use the collected information to determine if foreign entrepreneurs will contribute a significant public benefit that would support a discretionary grant of parole into the United States.
Significant public benefit parole under the rule would apply to foreign entrepreneurs who establish that they: (1) have start-up enterprises in the United States; and (2) have been awarded substantial U.S. investor financing or otherwise hold the promise of innovation and job creation for the benefit of the United States. Foreign entrepreneurs granted parole under the rule also would need to demonstrate that they are maintaining income and resource thresholds.
USCIS International Entrepreneur Parole webpage:
https://www.uscis.gov/humanitarian/humanitarian-parole/international-entrepreneur-parole
Draft Form I-194 and instructions:
https://www.regulations.gov/docket/USCIS-2016-0005/document
2019 submission to OMB, with technical documentation:
https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201901-1615-012
FRN inviting comment:
https://www.federalregister.gov/documents/2021/07/28/2021-16036/agency-information-collection-activities-extension-without-change-of-a-currently-approved-collection
Point of contact: Samantha Deshommes, Chief, Office of Policy and Strategy, Regulatory Coordination Division, USCIS (202) 272-8377 samantha.l.deshommes@uscis.dhs.gov
