This week the Department of Homeland Security (DHS) published a final regulation providing the Department the discretionary authority to grant parole to entrepreneurs of startup entities in order to increase and enhance entrepreneurship, innovation, and job creation in the United States.

The final rule adds new regulatory provisions which permit DHS to grant parole to qualified foreign entrepreneurs on a case-by-case basis where the entrepreneur can demonstrate, with respect to their startup entity, substantial and demonstrated potential for rapid business growth and job creation and that they would provide a significant public benefit to the United States.