Thread by @doug_rand

Today, @USCIS (part of @DHSgov) officially began the lengthy process of eliminating the International Entrepreneur Rule (#IER), by publishing a "proposed rule" in the Federal Register. 1/
federalregister.gov/documents/2018…

Here's a short history of the International Entrepreneur Rule. It's supposed to make it easier for the world's most promising entrepreneurs to create companies and jobs in the U.S.
boundless.com/blog/the-inter…

And here's more background both the Obama-era regulation and the Trump-era lawsuit that got it implemented by a reluctant @DHSgov. 3/
americanimmigrationcouncil.org/litigation/law…

Today's proposed #IER rescission rule says that @DHSgov "stands by its previous findings that foreign entrepreneurs make substantial and positive contributions to innovation, economic growth, and job creation in the United States." 4/

Also: "Facilitating investment and innovation in the United States is of great importance to our country’s ability to lead and remain competitive in the global marketplace." 5/

So why eliminate the International Entrepreneur Rule? @DHSgov has "reevaluated" the program & "believes that the governing regulation should be removed as inadvisable, impracticable, and an unwarranted use of limited agency resources." Let's review the four rationales offered. 6/

First, @DHSgov argues the International Entrepreneur Rule doesn't create enough certainty for entrepreneurs & investors. It's true that #IER isn't the ideal pathway. But actual entrepreneurs & investors have long expressed a strong preference for half a loaf over none at all. 7/

Second, @DHSgov says that entrepreneurs should use other existing visa pathways to stay in the US, such as the E-2 visa (which excludes founders from, say, India and China) or the EB-5 visa (which is designed for passive investors not company founders). 8/

The insufficiency of existing visa pathways was a primary motivator for #IER in the first place. 9/

Footnote: The Obama-era @USCIS had published a detailed menu of existing visa options for entrepreneurs, which the Trump-era @USCIS swiftly took down. Here's what is used to look like. 10/ web.archive.org/web/2016031609…

Third, @DHSgov says this job belongs to Congress: "DHS is proposing to defer to Congress on whether, and if so how to best create a specific immigration pathway that addresses the unique and varied characteristics of foreign entrepreneurs through the legislative process." 11/

I will leave it to others to comment on this expression of executive branch deference to Congress on immigration matters. 12/

Also, as @bfeld said, "I’ve also been around the block enough to know that 'waiting for Congress', especially on immigration issues, is a synonym for 'waiting forever.'"
thehill.com/blogs/congress…

Finally, @DHSgov argues that #IER is just too costly to implement (although they've already implemented it, under court order). Isn't this program funded by applicant fees, though? 14/

Full quote from @DHSgov: "While the monetary costs associated with continuing to administer the framework to process these applications might be recovered over time, USCIS will not be able to offset the opportunity costs associated with diverting limited agency resources..." 15/

"...that are needed to meet the current Administration’s priorities (for example, reviewing other existing immigration programs, developing new proposed regulatory changes, and carrying out initiatives to better deter and detect fraud and abuse)." 16/

This proposal also contemplates what to do with any previously-approved entrepreneurs. @DHSgov says their preferred option is automatic termination—the moment #IER is terminated, any approved entrepreneur (and their family) loses their work permits and has to leave. 17/

What about pending applications at the moment #IER is rescinded? @DHSgov says their preferred option is to automatically reject and refund all such applications. 18/

So what happens next? This proposal will be officially published on Tues., May 29, 2018. Public comments will be accepted for the next 30 days (the minimum allowed under statute). 19/

Then @DHSgov is required to digest all of those comments and respond in a final rule, which could take many months to publish in the Federal Register. Only then is the International Entrepreneur Rule (#IER) officially removed from the Code of Federal Regulations. 20/

(Assuming no court injunction as we've seen in other cases.) 21/

Keep an eye on this Federal Register page if you want to make comments starting May 29. 22/22
federalregister.gov/documents/2018…