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US Fed Court Judge overturns delay on International Entrepreneur Rule; opens doors to startup visa route
The International Entrepreneur Rule was delayed by the DHS about a week before its coming in to effect on July, 17 and was extended till March 14, 2018.
Entrepreneurs looking to build innovative companies on US shores cold once again breathe in relief. A US District Court Judge has overturned the Department of Homeland Security’s (DHS) bid to delay the Obama-era International Entrepreneur Rule (IER), which is commonly known as the startup visa route.
The International Entrepreneur Rule was introduced at the time of Obama’s administration allowing a select category of entrepreneurs to migrate to the US for two and a half years without a visa requirement or a green card. There is even an opportunity for extending the IER validity offered to entrepreneurs.
Ever since Trump took over presidency he had begun striking the Obama-era immigration reforms one-at-time, thus the fate of IER was also at risk. The International Entrepreneur Rule was delayed by the DHS about a week before its coming in to effect on July, 17 and was extended till March 14, 2018.
In wake of this a group of global entrepreneurs and National Venture Capital Association came together to revolt against Trump’s administration move wherein Indian entrepreneurs were also involved. Their efforts now look like it would finally bear fruit as the judge has ruled against the Trump administration delaying the immigration rule.
Bobby Franklin, President and CEO of National Venture Capital Association (NVCA) that filed the lawsuit, said, “Today marks a significant victory for talented foreign entrepreneurs, the entrepreneurial ecosystem and the U.S. economy. The facts speak for themselves—the U.S. economy has long thrived on the contributions and innovations of immigrant entrepreneurs and we are a better country as a result.”
The plaintiffs put forward the argument that DHS violated the Administrative Procedure Act by not seeking advance comment from the public prior to announcing the move. In addition to the National Venture Capital Association, the plaintiffs include two Indian entrepreneurs Atma and Anand Krishna and two US businesses.
Plaintiff Atma and Anand Krishna contended that they lost the opportunity to apply for parole under the rule which would enable them to stay in the US on a long-term basis.
The court ruled that the DHS delaying the International Entrepreneur Rule was unlawful and is overturning the ‘Delay Rule’ with effect from Friday.
