Article by: Tess Douglas

44 PEPP. L. REV. 199 (2016)

Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through unusual routes. While Congress, the President, and the United States Citizenship and Immigration Services (USCIS) recognize the need for clear and accessible immigration standards for immigrant entrepreneurs, the politicized nature of immigration law has impeded significant change.

This Comment details how administrative rules could offer a less politicized and more certain route for immigrant entrepreneurs. Specifically, this Comment examines how nonbinding policy memoranda and interpretive rules could provide substantial benefits to immigrant entrepreneurs. This manner of promulgating rules fits within USCIS’s administrative authority, and would enable immigrant entrepreneurs to focus on innovating their businesses rather than navigating the immigration system.

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