International Entrepreneur Program: Automatic Increase of Investment and Revenue Amount Requirements, 50839-50842 [2021-19603]
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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sector agencies. USDA has not
identified any relevant Federal rules
that duplicate, overlap, or conflict with
this rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services.
A proposed rule concerning this
action was published in the Federal
Register on April 23, 2021 (86 FR
21667). Copies of the proposal were
provided by the Committee to members
and handlers. Finally, the proposed rule
was made available through the internet
by USDA and the Office of the Federal
Register. A 60-day comment period
ending June 22, 2021, was provided to
allow interested persons to respond to
the proposal. No comments were
received. Accordingly, no changes have
been made to the rule as proposed.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://
www.ams.usda.gov/rules-regulations/
moa/small-businesses. Any questions
about the compliance guide should be
sent to Richard Lower at the previously
mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it was found that
this rule effectuates the declared policy
of the Act.
List of Subjects in 7 CFR Part 945
Marketing agreements, Potatoes,
Reporting and recordkeeping
requirements.
For reasons set forth above, 7 CFR
part 945 is amended as follows:
PART 945—IRISH POTATOES GROWN
IN CERTAIN DESIGNATED COUNTIES
IN IDAHO, AND MALHEUR COUNTY,
OREGON
1. The authority citation for part 945
continues to read as follows:
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■
Authority: 7 U.S.C. 601–674.
2. In § 945.341, revise paragraphs
(a)(2)(i) through (iii) to read as follows:
■
§ 945.341
Handling regulation.
(a) * * *
(2) * * *
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(i) All varieties, except Russet types.
(A) 17⁄8 inches minimum diameter,
unless otherwise specified on the
container in connection with the grade.
(B) Size B (11⁄2 to 21⁄4 inches
diameter).
(ii) Russet types. (A) 2 inches
minimum diameter, or 4 ounces
minimum weight: Provided, that at least
40 percent of the potatoes in each lot
shall be 5 ounces or heavier.
(B) Size B (11⁄2 to 21⁄4 inches diameter)
if the potatoes otherwise meet
requirements of U.S. No. 1 grade or
better.
(iii) All varieties, U.S. No. 1 grade or
better. Creamer (3⁄4 to 15⁄8 inches
diameter).
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Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2021–19678 Filed 9–10–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 212
[CIS No. 2699–21; DHS Docket No.: USCIS–
2021–0018]
RIN 1615–AC75
International Entrepreneur Program:
Automatic Increase of Investment and
Revenue Amount Requirements
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Final rule; technical
amendment.
AGENCY:
On January 17, 2017, DHS
published a final rule with new
regulatory provisions guiding the use of
parole on a case-by-case basis with
respect to entrepreneurs of start-up
entities who can demonstrate through
evidence of substantial and
demonstrated potential for rapid
business growth and job creation that
they would provide a significant public
benefit to the United States. The 2017
regulation provided that the investment
and revenue amount requirements
would automatically adjust every three
years by the Consumer Price Index for
All Urban Consumers (CPI–U). DHS is
issuing this rule to inform the public of
the increased amounts that will take
effect at the start of Fiscal Year 2022 and
to revise the regulations to accurately
reflect the updated investment amounts.
DATES: This final rule is effective on
October 1, 2021.
SUMMARY:
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50839
For
technical questions only: Charles L.
Nimick, Chief, Business and Foreign
Workers Division, Office of Policy and
Strategy, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 5900 Capital
Gateway Drive, Camp Springs, MD
20588–0009, telephone (240) 721–3000
(this is not a toll-free number).
Individuals with hearing or speech
impairments may access the telephone
number above via TTY by calling the
toll-free Federal Information Relay
Service at 1–877–889–5627 (TTY/TDD).
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
A. The International Entrepreneur
Program
On January 17, 2017, the Department
of Homeland Security (DHS) published
a final rule with new regulatory
provisions guiding the use of parole on
a case-by-case basis with respect to
entrepreneurs of start-up entities. These
entrepreneurs would be eligible for
consideration of parole if they could
demonstrate a significant public benefit
to the United States through substantial
and demonstrated potential for rapid
business growth and job creation.1 The
final rule was to be effective July 17,
2017.2
On July 11, 2017, DHS published a
rule delaying the effective date to March
14, 2018.3 Two individuals, two
businesses, and the National Venture
Capital Association sued DHS,
challenging the delay rule for violating
the Administrative Procedure Act’s
notice and comment requirement at 5
U.S.C. 553. The D.C. Circuit, agreeing
with the plaintiffs, vacated the delay
rule on December 1, 2017, allowing the
rule to go into effect without further
delay.4
The regulatory provisions established
by the January 17, 2017 rule, which
were implemented after the delay rule
was vacated on December 1, 2017,5
provide specific investment and
revenue amounts that can support an
application for parole and re-parole.6
The rule also stated that the investment
and revenue amounts will be
1 82
FR 5238 (Jan. 17, 2017).
2 Id.
3 82
FR 31887 (July 11, 2017).
Venture Capital Assoc., et al., v. Duke, 291
F. Supp. 3d 5 (D.D.C. Dec. 1, 2017).
5 On May 29, 2018, DHS published a notice of
proposed rulemaking (NPRM) to remove the
international entrepreneur program from DHS
regulations, but never finalized the proposal. See 83
FR 24415 (May 29, 2018). Instead, on May 11, 2021,
DHS withdrew the NPRM. See 86 FR 25809 (May
11, 2021).
6 See 8 CFR 212.19(a)(5), (b)(2)(ii), and (c)(2)(ii).
4 Nat’l
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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations
automatically adjusted every 3 years by
the CPI–U and posted on the USCIS
website at www.uscis.gov and
investment and revenue amounts
adjusted under 8 CFR 212.19(l) will
apply to all applications filed on or after
the beginning of the fiscal year for
which the adjustment is made.7
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B. Investment and Revenue Increase for
Fiscal Year 2022
The automatic adjustment required by
8 CFR 212.19(l) affects the amounts
stated in 8 CFR 212.19(a)(5) (no less
than $600,000 in aggregate investments
by the qualifying investor and at least
$500,000 in revenue by at least two
entities), (b)(2)(ii)(B) (at least $250,000
in investments or at least $100,000 in
government awards or grants), and
(c)(2)(ii)(B) (at least $500,000 in
additional investment or revenue). DHS
has calculated the new investment and
revenue amounts and revised the
applicable provisions in this final rule.8
According to the CPI–U Calculator
available from the Department of
Labor’s website, https://www.bls.gov/
data/inflation_calculator.htm, $100,000
in December 2017 had a present dollar
value of $105,659 in December 2020
(Fiscal Year 2021), three years later. The
same calculator reflects $250,000 in
December 2017 had a present dollar
value of $264,147 in December 2020,
that $500,000 in December 2017 had a
present dollar value of $528,293 in
December 2020, and that $600,000 in
December 2017 had a present dollar
value of $633,952 in December 2020. In
light of these automatic adjustments in
December 2020, beginning in Fiscal
Year 2022, under 8 CFR
212.19(b)(2)(ii)(B) as updated by this
final rule, an applicant may be
considered for initial parole if he or she
demonstrates that his or her entity has
received, within 18 months immediately
preceding the filing of an application for
initial parole, either a qualified
investment amount of at least $264,147
from one or more qualified investors or
an amount of at least $105,659 through
7 The regulatory text stated that USCIS would
provide notice of the automatic adjustments in the
Federal Register and on its website prior to the
beginning of the fiscal year in which the change
would take effect. While DHS did not discuss these
automatic adjustments in the preamble to the final
rule, DHS explained in the proposed rule that it
believed that automatically adjusting the minimum
dollar amounts by the CPI–U every 3 years will
maintain investment and revenue requirements at
an appropriate level in relation to future economic
conditions. DHS also believed automatically
adjusting the minimum dollar amounts would be
more manageable operationally for DHS and less
burdensome to applicants. See, generally, 81 FR
60129 (Aug. 31, 2016).
8 DHS rounded these amounts to the nearest
dollar.
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one or more qualified government
awards or grants.9 In the alternative, an
applicant who partially meets one or
both of those criteria may still qualify
for further consideration by providing
other reliable and compelling evidence
of the start-up entity’s substantial
potential for rapid growth and job
creation.10 Similarly, revised 8 CFR
212.19(c)(2)(ii)(B) provides that an
applicant may be considered for reparole if he or she establishes that
during the initial parole period, his or
her entity:
• Received at least $528,293 in
qualifying investments, qualified
government grants or awards, or a
combination of such funding, during the
initial parole period;
• Created at least 5 qualified jobs
with the start-up entity during the
initial parole period; or
• Reached at least $528,293 in annual
revenue in the United States and
averaged 20 percent in annual revenue
growth during the initial parole
period.11
In the alternative, an applicant who
partially meets one or more of the
criteria in paragraph (c)(2)(ii)(B) of this
section may still qualify for
consideration by providing other
reliable and compelling evidence of the
start-up entity’s substantial potential for
rapid growth and job creation. Finally,
revised 8 CFR 212.19(a)(5) defines a
qualified investor as an individual or
investor who, among other
requirements, has made investments in
start-up entities comprising a total of no
less than $633,952 in a 5-year period
and at least two of those entities created
at least 5 jobs or generated at least
$528,293 in revenue with an average
annualized revenue growth of at least 20
percent.
The revised amounts in this final rule
are also posted on the USCIS website
https://www.uscis.gov.
II. Statutory and Regulatory
Requirements
A. Administrative Procedure Act
Under the Administrative Procedure
Act (5 U.S.C. 553(b)), an agency may
waive the normal notice and comment
requirements if it finds, for good cause,
that they are impracticable,
unnecessary, or contrary to the public
interest. The final rule merely updates
the investment and revenue amounts to
account for inflation consistent with the
regulatory requirement at 8 CFR
212.19(l) providing that these amounts
will automatically adjust every three
98
CFR 212.19(b)(2)(ii)(B).
CFR 212.19(b)(2)(iii).
11 8 CFR 212.19(c)(2)(ii)(B).
10 8
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years by the Consumer Price Index. This
amendment is a technical change to
ensure that the regulation accurately
reflects these updated investment
amounts, automatically adjusted for
inflation, and avoids potential
confusion for applicants and other
interested parties regarding the
applicable investment amounts under 8
CFR 212.19. Therefore, notice and
comment for this rule is unnecessary
and contrary to the public interest
because the rule has no substantive
impact and is simply a ministerial
update to the regulations. For the same
reasons, pursuant to 5 U.S.C. 553(d)(3),
a delayed effective date is not required.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 603(b)), as amended by the
Small Business Regulatory Enforcement
and Fairness Act of 1996 (SBREFA),
requires an agency to prepare and make
available to the public a regulatory
flexibility analysis that describes the
effect of a proposed rule on small
entities (i.e., small businesses, small
organizations, and small governmental
jurisdictions) when the agency is
required ‘‘to publish a general notice of
proposed rulemaking for any proposed
rule.’’ Because this rule is being issued
as a final rule, on the grounds set forth
in section II.A., a regulatory flexibility
analysis is not required under the RFA.
C. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (UMRA) is intended, among
other things, to curb the practice of
imposing unfunded Federal mandates
on State, local, and tribal governments.
Title II of UMRA requires each Federal
agency to prepare a written statement
assessing the effects of any Federal
mandate in a proposed or final agency
rule that may directly result in a $100
million or more expenditure (adjusted
annually for inflation) in any one year
by State, local, and tribal governments,
in the aggregate, or by the private sector.
The inflation-adjusted value of $100
million in 1995 is approximately $170
million in 2020 based on the Consumer
Price Index for All Urban Consumers
(CPI–U).12 This final rule does not
12 See U.S. Department of Labor, Bureau of Labor
Statistics, ‘‘Historical Consumer Price Index for All
Urban Consumers (CPI–U): U.S. city average, all
items, by month,’’ available at https://www.bls.gov/
cpi/tables/supplemental-files/historical-cpi-u202103.pdf (last visited May 5, 2021). Calculation
of inflation: (1) Calculate the average monthly CPI–
U for the reference year (1995) and the current year
(2019); (2) Subtract reference year CPI–U from
current year CPI–U; (3) Divide the difference of the
reference year CPI–U and current year CPI–U by the
reference year CPI–U; (4) Multiply by 100 =
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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations
contain such a mandate. The
requirements of title II of UMRA,
therefore, do not apply, and DHS has
not prepared a statement under UMRA.
D. Executive Order 12866
This action does not require review by
the Office of Management and Budget
(OMB) under Executive Orders 12866
and 13563. As previously discussed,
DHS has the authority to adjust the
investment and revenue amount
requirements according to the CPI–U.
The population that may be affected
by this rule are the applicants that file
for Form I–941, Application for
Entrepreneur Parole, after this rule
50841
becomes effective. Table A presents the
historical annual receipts for Form I–
941 received for Fiscal Years 2018
through 2021. During this period, 41
total Form I–941 applications have been
filed with USCIS, and DHS estimates
that an annual average of 11 Form I–941
applications were received by USCIS.
TABLE A—ANNUAL RECEIPTS FOR FORM I–941, APPLICATION FOR ENTREPRENEUR PAROLE, FOR FISCAL YEARS FY18–
FY21 13
Form
2018
2019
2020
2021
Total
4-Year annual
average
receipts
Form I–941 ...............................................
20
7
1
13
41
11
Source: USCIS, Immigrant Program Office, Claims 3 (C3) database (as of August 17, 2021).
E. Executive Order 13132 (Federalism)
The rule will not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, DHS has determined that
this final rule does not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement.
F. Executive Order 12988 Civil Justice
Reform
This rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988.
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G. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA), 44 U.S.C. 3501–3512,
DHS must submit to the Office of
Management and Budget (OMB) for
review and approval, any reporting
requirements inherent in a rule, unless
they are exempt. This final rule will
revise USCIS Form I–941. The
information collected through the I–941
is used by USCIS to assist in
determining if an applicant is eligible
for discretionary grant of parole under 8
CFR 212.19. As provided under 5 CFR
1320.13, USCIS is requesting emergency
processing for this collection of
information as specified in the
Paperwork Reduction Act and its
implementing regulations. USCIS
certifies that the requirements of 5 CFR
1320.13(a) are met and that:
[(Average monthly CPI–U for 2020¥Average
monthly CPI–U for 1995)/(Average monthly CPI–U
for 1995)] * 100 = [(258.811¥152.383)/152.383] *
100 = (106.428/152.383) *100 = 0.6984 * 100 =
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• The collection of information is
needed immediately and is essential to
the mission of the agency.
• The use of normal clearance
procedures is reasonably likely to
prevent or disrupt the collection of
information.
Overview of this information collection:
(1) Type of Information Collection:
Revision of a Currently Approved
Collection.
(2) Title of the Form/Collection:
Application for Entrepreneur Parole.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–941;
USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. Entrepreneurs can use this
form to make an initial request for
parole based upon significant public
benefit; make a subsequent request for
parole for an additional period; or file
an amended application to notify USCIS
of a material change.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–941 is 2,940 and the
estimated hour burden per response is
4.7 hours. The estimated total number of
respondents for the biometric
processing is 2,940 and the estimated
hour burden per response is 1.17 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 17,258 hours.
69.84 percent = 70 percent (rounded). Calculation
of inflation-adjusted value: $100 million in 1995
dollars * 1.70 = $170 million in 2020 dollars.
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(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $1,440,600.
List of Subjects in 8 CFR Part 212
Administrative practice and
procedure, Aliens, Immigration,
Passports and visas, Reporting and
recordkeeping requirements.
Amendments to the Regulations
For the reasons stated in the
preamble, DHS amends part 212 of title
8 of the Code of Federal Regulations (8
CFR part 212) as set forth below.
PART 212—DOCUMENTARY
REQUIREMENTS: NONIMMIGRANTS;
WAIVERS; ADMISSION OF CERTAIN
INADMISSIBLE ALIENS; PAROLE
1. The general authority citation for
part 212 continues to read as follows:
■
Authority: 6 U.S.C. 111, 202(4) and 271; 8
U.S.C. 1101 and note, 1102, 1103, 1182 and
note, 1184, 1187, 1223, 1225, 1226, 1227,
1255, 1359; section 7209 of Pub. L. 108–458
(8 U.S.C. 1185 note); Title VII of Pub. L. 110–
229 (8 U.S.C. 1185 note); 8 CFR part 2; Pub.
L. 115–218.
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2. In § 212.19, revise paragraphs
(a)(5)(i) and (ii), (b)(2)(ii)(B)(1) and (2),
and (c)(2)(ii)(B)(1) and (3) to read as
follows:
■
§ 212.19
Parole for entrepreneurs.
(a) * * *
(5) * * *
(i) The individual or organization
made investments in start-up entities in
exchange for equity, convertible debt, or
other security convertible into equity
13 Data covering the period December 2017–
August 12, 2021.
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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations
commonly used in financing
transactions within their respective
industries comprising a total in such 5year period of no less than $633,952;
and
(ii) Subsequent to such investment by
such individual or organization, at least
2 such entities each created at least 5
qualified jobs or generated at least
$528,293 in revenue with average
annualized revenue growth of at least 20
percent.
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*
(b) * * *
(2) * * *
(ii) * * *
(B) * * *
(1) Received, within 18 months
immediately preceding the filing of an
application for initial parole, a qualified
investment amount of at least $264,147
from one or more qualified investors; or
(2) Received, within 18 months
immediately preceding the filing of an
application for initial parole, an amount
of at least $105,659 through one or more
qualified government awards or grants.
*
*
*
*
*
(c) * * *
(2) * * *
(ii) * * *
(B) * * *
(1) Received at least $528,293 in
qualifying investments, qualified
government grants or awards, or a
combination of such funding, during the
initial parole period;
*
*
*
*
*
(3) Reached at least $528,293 in
annual revenue in the United States and
averaged 20 percent in annual revenue
growth during the initial parole period.
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Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2021–19603 Filed 9–10–21; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2021–0471; Airspace
Docket No. 21–AGL–25]
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RIN 2120–AA66
Revocation of Class E Airspace and
Amendment of Class E Airspace;
Peebles and West Union, OH
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action revokes the Class
E extending upward from 700 feet above
SUMMARY:
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16:20 Sep 10, 2021
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the surface at Peebles, OH; and amends
the Class E airspace extending upward
from 700 feet above the surface at
Alexander Salamon Airport, West
Union, OH. This action is the result of
airspace reviews caused by the
decommissioning of the West Union
non-federal non-directional beacon
(NDB). The geographic coordinates of
the Alexander Salamon Airport are also
being updated to coincide with the
FAA’s aeronautical database.
DATES: Effective 0901 UTC, December 2,
2021. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
ADDRESSES: FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email:
fr.inspection@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Claypool, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5711.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it revokes the
Class E extending upward from 700 feet
above the surface at Peebles, OH; and
amends the Class E airspace extending
upward from 700 feet above the surface
at Alexander Salamon Airport, West
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Union, OH, to support instrument flight
rule operations at these airports.
History
The FAA published a notice of
proposed rulemaking (NPRM) in the
Federal Register (86 FR 35420; July 6,
2021) for Docket No. FAA–2021–0471 to
revoke the Class E extending upward
from 700 feet above the surface at
Peebles, OH; and amend the Class E
airspace extending upward from 700
feet above the surface at Alexander
Salamon Airport, West Union, OH.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020,
and effective September 15, 2020. FAA
Order 7400.11E is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Rule
This amendment to 14 CFR part 71:
Revokes the Class E airspace
extending upward from 700 feet above
the surface at Peebles, OH;
And amends the Class E airspace
extending upward from 700 feet above
the surface to within a 6.4-mile
(decreased from a 7.7-mile) radius of
Alexander Salamon Airport, West
Union, OH; removes the name
associated with the airport to comply
with changes to FAA Order 7400.2N,
Procedures for Handling Airspace
Matters; and updates the geographic
coordinates of the airport to coincide
with the FAA’s aeronautical database.
This action is due to airspace reviews
caused by the decommissioning of the
West Union non-federal NDB, and the
closure of the airport and cancellation of
the instrument procedures at Peebles,
OH.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
E:\FR\FM\13SER1.SGM
13SER1
]]>Agencies
[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Rules and Regulations]
[Pages 50839-50842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19603]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 212
[CIS No. 2699-21; DHS Docket No.: USCIS-2021-0018]
RIN 1615-AC75
International Entrepreneur Program: Automatic Increase of
Investment and Revenue Amount Requirements
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Final rule; technical amendment.
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SUMMARY: On January 17, 2017, DHS published a final rule with new
regulatory provisions guiding the use of parole on a case-by-case basis
with respect to entrepreneurs of start-up entities who can demonstrate
through evidence of substantial and demonstrated potential for rapid
business growth and job creation that they would provide a significant
public benefit to the United States. The 2017 regulation provided that
the investment and revenue amount requirements would automatically
adjust every three years by the Consumer Price Index for All Urban
Consumers (CPI-U). DHS is issuing this rule to inform the public of the
increased amounts that will take effect at the start of Fiscal Year
2022 and to revise the regulations to accurately reflect the updated
investment amounts.
DATES: This final rule is effective on October 1, 2021.
FOR FURTHER INFORMATION CONTACT: For technical questions only: Charles
L. Nimick, Chief, Business and Foreign Workers Division, Office of
Policy and Strategy, U.S. Citizenship and Immigration Services,
Department of Homeland Security, 5900 Capital Gateway Drive, Camp
Springs, MD 20588-0009, telephone (240) 721-3000 (this is not a toll-
free number). Individuals with hearing or speech impairments may access
the telephone number above via TTY by calling the toll-free Federal
Information Relay Service at 1-877-889-5627 (TTY/TDD).
SUPPLEMENTARY INFORMATION:
I. Background
A. The International Entrepreneur Program
On January 17, 2017, the Department of Homeland Security (DHS)
published a final rule with new regulatory provisions guiding the use
of parole on a case-by-case basis with respect to entrepreneurs of
start-up entities. These entrepreneurs would be eligible for
consideration of parole if they could demonstrate a significant public
benefit to the United States through substantial and demonstrated
potential for rapid business growth and job creation.\1\ The final rule
was to be effective July 17, 2017.\2\
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\1\ 82 FR 5238 (Jan. 17, 2017).
\2\ Id.
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On July 11, 2017, DHS published a rule delaying the effective date
to March 14, 2018.\3\ Two individuals, two businesses, and the National
Venture Capital Association sued DHS, challenging the delay rule for
violating the Administrative Procedure Act's notice and comment
requirement at 5 U.S.C. 553. The D.C. Circuit, agreeing with the
plaintiffs, vacated the delay rule on December 1, 2017, allowing the
rule to go into effect without further delay.\4\
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\3\ 82 FR 31887 (July 11, 2017).
\4\ Nat'l Venture Capital Assoc., et al., v. Duke, 291 F. Supp.
3d 5 (D.D.C. Dec. 1, 2017).
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The regulatory provisions established by the January 17, 2017 rule,
which were implemented after the delay rule was vacated on December 1,
2017,\5\ provide specific investment and revenue amounts that can
support an application for parole and re-parole.\6\ The rule also
stated that the investment and revenue amounts will be
[[Page 50840]]
automatically adjusted every 3 years by the CPI-U and posted on the
USCIS website at www.uscis.gov and investment and revenue amounts
adjusted under 8 CFR 212.19(l) will apply to all applications filed on
or after the beginning of the fiscal year for which the adjustment is
made.\7\
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\5\ On May 29, 2018, DHS published a notice of proposed
rulemaking (NPRM) to remove the international entrepreneur program
from DHS regulations, but never finalized the proposal. See 83 FR
24415 (May 29, 2018). Instead, on May 11, 2021, DHS withdrew the
NPRM. See 86 FR 25809 (May 11, 2021).
\6\ See 8 CFR 212.19(a)(5), (b)(2)(ii), and (c)(2)(ii).
\7\ The regulatory text stated that USCIS would provide notice
of the automatic adjustments in the Federal Register and on its
website prior to the beginning of the fiscal year in which the
change would take effect. While DHS did not discuss these automatic
adjustments in the preamble to the final rule, DHS explained in the
proposed rule that it believed that automatically adjusting the
minimum dollar amounts by the CPI-U every 3 years will maintain
investment and revenue requirements at an appropriate level in
relation to future economic conditions. DHS also believed
automatically adjusting the minimum dollar amounts would be more
manageable operationally for DHS and less burdensome to applicants.
See, generally, 81 FR 60129 (Aug. 31, 2016).
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B. Investment and Revenue Increase for Fiscal Year 2022
The automatic adjustment required by 8 CFR 212.19(l) affects the
amounts stated in 8 CFR 212.19(a)(5) (no less than $600,000 in
aggregate investments by the qualifying investor and at least $500,000
in revenue by at least two entities), (b)(2)(ii)(B) (at least $250,000
in investments or at least $100,000 in government awards or grants),
and (c)(2)(ii)(B) (at least $500,000 in additional investment or
revenue). DHS has calculated the new investment and revenue amounts and
revised the applicable provisions in this final rule.\8\ According to
the CPI-U Calculator available from the Department of Labor's website,
https://www.bls.gov/data/inflation_calculator.htm, $100,000 in December
2017 had a present dollar value of $105,659 in December 2020 (Fiscal
Year 2021), three years later. The same calculator reflects $250,000 in
December 2017 had a present dollar value of $264,147 in December 2020,
that $500,000 in December 2017 had a present dollar value of $528,293
in December 2020, and that $600,000 in December 2017 had a present
dollar value of $633,952 in December 2020. In light of these automatic
adjustments in December 2020, beginning in Fiscal Year 2022, under 8
CFR 212.19(b)(2)(ii)(B) as updated by this final rule, an applicant may
be considered for initial parole if he or she demonstrates that his or
her entity has received, within 18 months immediately preceding the
filing of an application for initial parole, either a qualified
investment amount of at least $264,147 from one or more qualified
investors or an amount of at least $105,659 through one or more
qualified government awards or grants.\9\ In the alternative, an
applicant who partially meets one or both of those criteria may still
qualify for further consideration by providing other reliable and
compelling evidence of the start-up entity's substantial potential for
rapid growth and job creation.\10\ Similarly, revised 8 CFR
212.19(c)(2)(ii)(B) provides that an applicant may be considered for
re-parole if he or she establishes that during the initial parole
period, his or her entity:
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\8\ DHS rounded these amounts to the nearest dollar.
\9\ 8 CFR 212.19(b)(2)(ii)(B).
\10\ 8 CFR 212.19(b)(2)(iii).
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Received at least $528,293 in qualifying investments,
qualified government grants or awards, or a combination of such
funding, during the initial parole period;
Created at least 5 qualified jobs with the start-up entity
during the initial parole period; or
Reached at least $528,293 in annual revenue in the United
States and averaged 20 percent in annual revenue growth during the
initial parole period.\11\
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\11\ 8 CFR 212.19(c)(2)(ii)(B).
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In the alternative, an applicant who partially meets one or more of
the criteria in paragraph (c)(2)(ii)(B) of this section may still
qualify for consideration by providing other reliable and compelling
evidence of the start-up entity's substantial potential for rapid
growth and job creation. Finally, revised 8 CFR 212.19(a)(5) defines a
qualified investor as an individual or investor who, among other
requirements, has made investments in start-up entities comprising a
total of no less than $633,952 in a 5-year period and at least two of
those entities created at least 5 jobs or generated at least $528,293
in revenue with an average annualized revenue growth of at least 20
percent.
The revised amounts in this final rule are also posted on the USCIS
website https://www.uscis.gov.
II. Statutory and Regulatory Requirements
A. Administrative Procedure Act
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest. The final rule merely updates the investment and
revenue amounts to account for inflation consistent with the regulatory
requirement at 8 CFR 212.19(l) providing that these amounts will
automatically adjust every three years by the Consumer Price Index.
This amendment is a technical change to ensure that the regulation
accurately reflects these updated investment amounts, automatically
adjusted for inflation, and avoids potential confusion for applicants
and other interested parties regarding the applicable investment
amounts under 8 CFR 212.19. Therefore, notice and comment for this rule
is unnecessary and contrary to the public interest because the rule has
no substantive impact and is simply a ministerial update to the
regulations. For the same reasons, pursuant to 5 U.S.C. 553(d)(3), a
delayed effective date is not required.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 603(b)), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996
(SBREFA), requires an agency to prepare and make available to the
public a regulatory flexibility analysis that describes the effect of a
proposed rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions) when the agency is
required ``to publish a general notice of proposed rulemaking for any
proposed rule.'' Because this rule is being issued as a final rule, on
the grounds set forth in section II.A., a regulatory flexibility
analysis is not required under the RFA.
C. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA) is intended, among
other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of UMRA
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may directly result in a $100 million or more expenditure
(adjusted annually for inflation) in any one year by State, local, and
tribal governments, in the aggregate, or by the private sector. The
inflation-adjusted value of $100 million in 1995 is approximately $170
million in 2020 based on the Consumer Price Index for All Urban
Consumers (CPI-U).\12\ This final rule does not
[[Page 50841]]
contain such a mandate. The requirements of title II of UMRA,
therefore, do not apply, and DHS has not prepared a statement under
UMRA.
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\12\ See U.S. Department of Labor, Bureau of Labor Statistics,
``Historical Consumer Price Index for All Urban Consumers (CPI-U):
U.S. city average, all items, by month,'' available at https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202103.pdf (last visited May 5, 2021). Calculation of inflation: (1)
Calculate the average monthly CPI-U for the reference year (1995)
and the current year (2019); (2) Subtract reference year CPI-U from
current year CPI-U; (3) Divide the difference of the reference year
CPI-U and current year CPI-U by the reference year CPI-U; (4)
Multiply by 100 = [(Average monthly CPI-U for 2020-Average monthly
CPI-U for 1995)/(Average monthly CPI-U for 1995)] * 100 = [(258.811-
152.383)/152.383] * 100 = (106.428/152.383) *100 = 0.6984 * 100 =
69.84 percent = 70 percent (rounded). Calculation of inflation-
adjusted value: $100 million in 1995 dollars * 1.70 = $170 million
in 2020 dollars.
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D. Executive Order 12866
This action does not require review by the Office of Management and
Budget (OMB) under Executive Orders 12866 and 13563. As previously
discussed, DHS has the authority to adjust the investment and revenue
amount requirements according to the CPI-U.
The population that may be affected by this rule are the applicants
that file for Form I-941, Application for Entrepreneur Parole, after
this rule becomes effective. Table A presents the historical annual
receipts for Form I-941 received for Fiscal Years 2018 through 2021.
During this period, 41 total Form I-941 applications have been filed
with USCIS, and DHS estimates that an annual average of 11 Form I-941
applications were received by USCIS.
Table A--Annual Receipts for Form I-941, Application for Entrepreneur Parole, for Fiscal Years FY18-FY21 13
--------------------------------------------------------------------------------------------------------------------------------------------------------
4-Year annual
Form 2018 2019 2020 2021 Total average
receipts
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Form I-941........................................ 20 7 1 13 41 11
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Source: USCIS, Immigrant Program Office, Claims 3 (C3) database (as of August 17, 2021).
E. Executive Order 13132 (Federalism)
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\13\ Data covering the period December 2017-August 12, 2021.
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The rule will not have substantial direct effects on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with section 6 of Executive
Order 13132, DHS has determined that this final rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
F. Executive Order 12988 Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
G. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501-
3512, DHS must submit to the Office of Management and Budget (OMB) for
review and approval, any reporting requirements inherent in a rule,
unless they are exempt. This final rule will revise USCIS Form I-941.
The information collected through the I-941 is used by USCIS to assist
in determining if an applicant is eligible for discretionary grant of
parole under 8 CFR 212.19. As provided under 5 CFR 1320.13, USCIS is
requesting emergency processing for this collection of information as
specified in the Paperwork Reduction Act and its implementing
regulations. USCIS certifies that the requirements of 5 CFR 1320.13(a)
are met and that:
The collection of information is needed immediately and is
essential to the mission of the agency.
The use of normal clearance procedures is reasonably
likely to prevent or disrupt the collection of information.
Overview of this information collection:
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Application for Entrepreneur
Parole.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-941; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households.
Entrepreneurs can use this form to make an initial request for parole
based upon significant public benefit; make a subsequent request for
parole for an additional period; or file an amended application to
notify USCIS of a material change.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-941 is
2,940 and the estimated hour burden per response is 4.7 hours. The
estimated total number of respondents for the biometric processing is
2,940 and the estimated hour burden per response is 1.17 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 17,258 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $1,440,600.
List of Subjects in 8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Reporting and recordkeeping requirements.
Amendments to the Regulations
For the reasons stated in the preamble, DHS amends part 212 of
title 8 of the Code of Federal Regulations (8 CFR part 212) as set
forth below.
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
0
1. The general authority citation for part 212 continues to read as
follows:
Authority: 6 U.S.C. 111, 202(4) and 271; 8 U.S.C. 1101 and note,
1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 1255,
1359; section 7209 of Pub. L. 108-458 (8 U.S.C. 1185 note); Title
VII of Pub. L. 110-229 (8 U.S.C. 1185 note); 8 CFR part 2; Pub. L.
115-218.
* * * * *
0
2. In Sec. 212.19, revise paragraphs (a)(5)(i) and (ii),
(b)(2)(ii)(B)(1) and (2), and (c)(2)(ii)(B)(1) and (3) to read as
follows:
Sec. 212.19 Parole for entrepreneurs.
(a) * * *
(5) * * *
(i) The individual or organization made investments in start-up
entities in exchange for equity, convertible debt, or other security
convertible into equity
[[Page 50842]]
commonly used in financing transactions within their respective
industries comprising a total in such 5-year period of no less than
$633,952; and
(ii) Subsequent to such investment by such individual or
organization, at least 2 such entities each created at least 5
qualified jobs or generated at least $528,293 in revenue with average
annualized revenue growth of at least 20 percent.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(B) * * *
(1) Received, within 18 months immediately preceding the filing of
an application for initial parole, a qualified investment amount of at
least $264,147 from one or more qualified investors; or
(2) Received, within 18 months immediately preceding the filing of
an application for initial parole, an amount of at least $105,659
through one or more qualified government awards or grants.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
(B) * * *
(1) Received at least $528,293 in qualifying investments, qualified
government grants or awards, or a combination of such funding, during
the initial parole period;
* * * * *
(3) Reached at least $528,293 in annual revenue in the United
States and averaged 20 percent in annual revenue growth during the
initial parole period.
* * * * *
Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2021-19603 Filed 9-10-21; 8:45 am]
BILLING CODE 9111-97-P
