Entrepreneur Parole Under the International Entrepreneur Rule Program
Are you a foreign entrepreneur looking to live and work legally in the U.S. to grow your startup? Alcorn Immigration Law can help you file for temporary residence—or Entrepreneur Parole program status—under the new International Entrepreneur Rule.
Entrepreneur Parole enables foreign entrepreneurs to stay in the U.S. with their families to grow their companies. The International Entrepreneur Rule (IER) parole program is the closest option to a “startup visa.” If you receive parole, your spouse and children are also eligible for parole under IER. Your spouse is also eligible for a work permit.
To apply for the entrepreneur parole program under the International Entrepreneur Rule, candidates must:
- Have at least a 15% ownership interest in a startup.
- Show the startup was founded in the past three years in the U.S. and has the potential for rapid growth and creating jobs.
- Actively operate the startup.
- Within the past 365 days, receive at least $345,000 from qualified U.S. investors with records of successful investments or at least $100,000 in government awards or grants.
- Show growth and job creation potential through other means if the monetary requirement cannot be fully met, such as the number of users or customers, revenue, crowdfunding, social impact, and national scope.
- Show the individual investor or investment organization is a qualified U.S. investor.
To apply for entrepreneur parole, entrepreneurs must:
- File Form I-941 (Application for Entrepreneur Parole).
- Submit required fees and supporting evidence.
If USCIS approves your Form I-941 application, you must visit a U.S. consulate abroad to obtain travel documentation by filing Form I-131 before going to a U.S. port of entry for a final parole determination. Canadian entrepreneurs may present an approved I-941 at a U.S. port of entry without obtaining travel documentation. Your spouse and children may file Form I-131 concurrently or separately to request parole and join you.
Eligibility for Family
An international entrepreneur may be accompanied or followed by her or his spouse and unmarried children under the age of 21. These family members are eligible for parole as well. If approved by USCIS, they will be granted the same period of parole as the international entrepreneur.
An entrepreneur who has been granted a two-year parole may apply for a three-year extension no more than 90 days before the initial parole is set to expire. To qualify for an extension, the entrepreneur must show the startup continues to provide a significant public benefit by meeting any of the following:
- Receiving at least $500,000 in qualifying investments, grants or awards.
- Creating at least 10 full-time jobs.
- Generating at least $500,000 in annual revenue and 20% average annual growth.
An entrepreneur must maintain at least a 10% ownership interest in the startup for parole renewal. Parole will be terminated if the entrepreneur is no longer employed by the startup or no longer has an ownership interest.
We Can Help
At Alcorn Immigration Law, we help individuals and their families find the best solution to legally come to the U.S., whether temporarily or permanently, to pursue their dreams. We support immigration for innovation. If you have any questions, contact us.