After suing the federal government on Sept. 19, the National Venture Capital Association is stepping up its fight to force the Trump Administration to launch the International Entrepreneur Rule that was approved by the Obama Administration.

On Friday, the VC industry trade group went to court seeking a preliminary injunction against the Department of Homeland Security. The NVCA and others filed a lawsuit on Sept. 19.

“Making it easier for talented entrepreneurs to come to the U.S. so that they can grow the next generation of American companies is a no-brainer. By all measures, their contributions would be a net positive for our country and our economy, which is why it’s confusing that the rule was delayed in the first place” said Bobby Franklin, President and CEO of NVCA, in a statement.

“We are already seeing evidence of other countries actively recruiting talented foreign-born entrepreneurs, making it all the more important that we seek this preliminary injunction so that Americans can immediately realize the benefits of new startups in the U.S.”

The new rule, called IER, had been scheduled to take effect in July.

The NVCA argues that “because DHS did not solicit advance comment from the public on the delay, it violated clear requirements of the Administrative Procedure Act. Because NVCA and the other plaintiffs are substantially likely to prevail on the merits of the lawsuit, they are seeking the preliminary injunction so that the rule can be implemented immediately and DHS can accept and adjudicate applications from entrepreneurs while the case proceeds.”

“The government’s unlawful postponement of the International Entrepreneur Rule is depriving foreign entrepreneurs of the only available avenue to grow their businesses in the United States,” said Melissa Crow, Litigation Director at the American Immigration Council. “[This] filing is intended to jumpstart the implementation process.”

IER guidelines

The lawsuit spells out the IER guidelines:

“Beginning on July 17, 2017, the Rule was to allow foreign entrepreneurs to apply for parole, a form of temporary immigration status—not a visa—that entitles the recipient to be present in the United States without being formally admitted. The Rule reserved parole for only the most qualified and talented entrepreneurs: applicants must show that they have a substantial role and ownership stake in a company founded in the United States in the last five years, and must also show that the company received a substantial amount of funding from U.S. investors or present other comparable “evidence of substantial and demonstrated potential for rapid business growth and job creation.” Id. at 5,239. While recipients cannot obtain lawful permanent resident status while on parole, the Rule would authorize them to work and, in some cases, to bring eligible family members to the United States as well.”