[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
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 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.
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  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.

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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ADDRESSES: The docket for this withdrawn proposed rule is available at 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