The Department of Homeland Security (DHS) recently withdrew the proposed rule that paved the way for the elimination of the International Entrepreneur (IE) parole program. As a result, parties interested in the IE Parole program need to familiarize themselves with the program overall.
What is the International Entrepreneur Parole Program?
The International Entrepreneur (IE) parole program grants a temporary period of authorized stay to foreign entrepreneurs who demonstrate their U.S.-based start-up benefits the country with job and economic growth. Committed venture capital or other funding sources are generally sufficient to prove viability.
Where are those granted parole allowed to work?
Those granted parole under this program are only allowed to work for their start-up business.
Who is eligible to apply for parole under this rule?
Up to three entrepreneurs from a single company are eligible to benefit from parole. Spouses and children of entrepreneurs are also usually eligible for parole. Entrepreneurs who are seeking parole under this rule must show that they:[1]
- Possess a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
- Have a central and active role in the start-up entity such that they are well-positioned to substantially assist with the growth and success of the business.
- Will provide a significant public benefit to the United States based on their role as an entrepreneur of the start-up entity by showing that:
- The start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
- The start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state, or local government entities that regularly provide such awards or grants to start-up entities; or
- They partially meet either or both of the previous two requirements and provide additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.
- Otherwise merit a favorable exercise of discretion.
How long is the period of authorized stay?
If the application is successful, a person can be granted an initial period of up to 30 months of parole and one additional, successive period of re-parole up to 30 months from the date of the expiration of the initial parole. This means that a person cannot be granted entrepreneur parole for more than a total of 5 years.[2]
If you are interested in the International Entrepreneur Parole Program and want to apply, have questions about the program or other immigration questions, contact an attorney at ILBSG today. We are here to help ensure you get the right advice.
[1] https://www.uscis.gov/humanitarian/humanitarian-parole/international-entrepreneur-parole
[2] https://www.uscis.gov/sites/default/files/document/forms/i-941instr.pdf
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