Judge rules in favor of NVCA in suit against DHS over delay of international entrepreneur rule

A judge has ruled in favor of the National Venture Capital Association’s legal challenge against the Department of Homeland Security’s plans to delay the International Entrepreneur Rule.

DHS is now required to begin accepting applications of foreign entrepreneurs who wish to build their companies in the U.S., according to a release sent by the NVCA.

On Dec. 1, Judge James E. Boasberg of the U.S. District Court for the District of Columbia ruled in favor of a lawsuit filed in September by the NVCA, along with entrepreneurs and startup companies.

The suit challenged the plan by the DHS to delay implementation of the rule, which was approved shortly before President Obama left office. It would grant temporary stays in the U.S. to foreign-born entrepreneurs who can prove their company would provide a benefit through business growth and job creation.

In July, DHS announced it would delay and likely rescind implementation of the rule, prompting the NVCA lawsuit.

In response to a request for comment, a spokesperson for DHS said as a matter of policy the agency cannot comment on pending litigation.