International Entrepreneur Rule Litigation


Several plaintiffs have jointly sued the Trump administration's USCIS and Department of Homeland Security over the delay in implementation of the International Entrepreneur Rule . Meltzer Hellrung LLC is proud to represent one of those plaintiffs, Occasion . The lawsuit has been brought in US District Court for the District of Columbia.

The International Entrepreneur Rule was slated to go into effect in July. The rule would have allowed a small number of entrepreneurs the opportunity to enter and work in the US through parole if they met the following standards:

  • The company was founded within the last five years
  • The individual entrepreneur owned at least 10% of the company
  • The company had received significant funding through either:
    • $250,000 from traditional venture capital investors
    • $100,000 from governmental resources
    • There is a catch-all provision that allows other compelling evidence to be demonstrated for the potential for rapid growth and job creation

Just before the rule was to take effect the Trump administration delayed the implementation of the rule until March 2018. The administration justified the delay stating it would give them time to reconsider the rule in light of one of President Trump's executive orders regarding the granting of parole. The administration has admitted that this delay is a de facto repeal of the Rule and that it is highly likely the regulation will be ultimately rescinded.

The named plaintiffs have sued the Trump administration arguing that the delay in implementation of the International Entrepreneur Rule is a violation of the Administrative Procedure Act. The Department of Homeland Security has not followed traditional notice and comment procedures in delaying the implementation of the Rule. The administration has justified this action under the "good cause exception to public participation" in the Administrative Procedure Act which allows an agency to dispense with notice and comment in extraordinary circumstances.

Plaintiffs have stated in their complaint that the Department of Homeland Security has relied on an unlawful use of the "good cause exception". Courts have narrowly construed the "good cause exception". We are hopeful that the court will follow precedent in the DC Circuit and find that the agency has unlawfully delayed implementation without allowing notice and comment.

Plaintiffs have asked the court to enjoin USCIS from delaying the effective date of the International Entrepreneur Rule and require that the government immediately begin accepting and adjudicating applications from international entrepreneurs.

Meltzer Hellrung LLC is proud to support Occasion in their pursuit of justice.

About The Author

Matthew Meltzer Matthew Meltzer graduated from the University of Pennsylvania, cum laude, with a B.A. in political science, and earned his J.D. from Boston College Law School.Matt works with small companies, including entrepreneurs, as well as multi-national corporations. Matt focuses on employment-based immigration and has filed over 1,100 related petitions in numerous visa categories, including: B-1, E-2, F-1, H-1B, H-2A, H-2B, H-3, I, L-1, O-1, P-1, P-3, and TN. In addition he has filed green card petitions in multiple employment categories, including: EB-1 Extraordinary Ability, EB-1 Multinational Managers, PERM, Schedule A Nurses & Physical Therapists, Schedule A Exceptional Ability, and EB-5 Investors. Matt advises companies regarding employee hiring and I-9 compliance, reorganizations and mergers, and government inspections. Prior to co-founding Meltzer Hellrung LLC, Matt was a Supervising Attorney with VISANOW, PC. Matt is a member of the American Immigration Lawyers Association and the Illinois State Bar Association.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.