U.S. Citizenship and Immigration Services (USCIS) has published new information about the International Entrepreneur Rule, an Obama-era program that allows foreign entrepreneurs to start businesses in the United States.
The International Entrepreneur Rule (IER) was established in January 2017, but it hasn’t seen much success. Since FY 2021, USCIS has only received 94 applications: 26 cases approved, 28 rejected, and 40 pending or withdrawn cases.
Last week, USCIS updated its guidance and released very detailed FAQ’s about how to submit successful applications for this program.
Under the International Entrepreneur Rule (IER), the Department of Homeland Security (DHS) may use its authority to grant a period of authorized stay, on a case-by-case basis, to noncitizen entrepreneurs who show that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion.
Under this rule, entrepreneurs granted parole will be eligible to work only for their start-up business. The spouse and children of the noncitizen entrepreneur may also be eligible for parole.
The key eligibility requirements include:
Entrepreneurs may be either living abroad or already in the United States.
Start-up entities must have been formed in the United States within the past five years.
Start-up entities must demonstrate substantial potential for rapid growth and job creation by showing at least $264,147 in qualified investments from qualifying investors, at least $105,659 in qualified government awards or grants, or alternative evidence.
The spouse of the entrepreneur may apply for employment authorization after being paroled into the United States.
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 described below, 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 Noncitizen Entrepreneurs to Work in the United States.)
Up to 3 entrepreneurs per start-up can be eligible for parole under the International Entrepreneur Rule.
There are many helpful frequently asked questions also on the USCIS.gov website under this topic. If you believe you may be eligible, you can also contact Mundo Legal for assistance in applying for this unique program.
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