DHS is amending its regulations Section 212(d)(5) of the Immigration and Nationality Act (INA implementing this authority to increase and enhance entrepreneurship, innovation, and job creation in the United States. As described in more detail below, the final rule would establish general criteria for the use of parole with respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial and demonstrated potential for rapid growth and job creation that they would provide a significant public benefit to the United States. In all cases, whether to parole a individual under this rule is a discretionary determination that would be made on a case by-case basis.
An applicant would need to demonstrate that his or her parole would provide a significant public benefit because he or she is the entrepreneur of a new start-up entity in the United States that has significant potential for rapid growth and job creation. DHS believes that such potential would be indicated by, among other things, the receipt of (1) significant capital investment from U.S. investors with established records of successful investments or (2) significant awards or grants from certain Federal, State, or local government entities.
The final rule will be published on January 17, 2017
For details see http://www.iv-law.com/cleveland-immigration-lawyer/nonimmigrant-visas/international-entrepreneur-rule/