International Entrepreneur Rule

The U.S. Department of Homeland Security (DHS) has authority under the International Entrepreneur Rule (IER) to grant a period of authorized stay, on a case-by-case basis, to entrepreneurs from other countries who show (1) that their stay in the U.S. would provide a significant public benefit through their business venture, and (2) that they merit a favorable exercise of discretion. This period of authorized stay is called “parole.”

Those entrepreneurs are eligible to work only for their startup business. The entrepreneur's spouse and children may also be eligible for parole.

Here are more details from USCIS:

     •  Entrepreneurs may be either living abroad or already in the U.S.

     •  Startup entities must have been formed in the U.S. within the past five years.

     •  Startup entities must show substantial potential for rapid growth and job creation by showing at least $311,071 in qualified investments from qualifying investors, at least $124,429 in qualified government awards or grants, or alternative evidence.

     •  The spouse of the entrepreneur may apply for employment authorization after being paroled into the U.S. (Children are not eligible for employment authorization.)

     •  The entrepreneur may be granted an initial parole period of up to 2½ years. If approved for re-parole, based on additional benchmarks in funding, job creation, or revenue, the entrepreneur may receive up to another 2½ years, for a maximum of 5 years. At that point or earlier, there are other options for the entrepreneur to work in the U.S.

     •  Up to 3 entrepreneurs per startup can be eligible for parole under the IER.

Applicants for IER parole usually discuss all this with their lawyer.

Back to Contents.