International Entrepreneur Parole (IER)

With the new Form I-941, Application for Entrepreneur Parole in place, we have received numerous inquires and questions from international entrepreneurs regarding this potential path to working in the U.S. and green card.

​

On January 17, 2017, the Department of Homeland Security (DHS), under the prior Administration, published the International Entrepreneur Rule (IER), which was scheduled to take effect on July 17, 2017. The IER allows certain foreign entrepreneurs to come to the U.S. to develop and grow businesses. On July 11, DHS published a delay rule to extend the effective date of the IER to March 14, 2018, to ensure it is consistent with President Trump’s Executive Order (EO), Border Security and Immigration Enforcement Improvements. Upon review, DHS is planning to propose to remove the IER.

 

However, on December 1, 2017, the U.S. District Court for the District of Columbia vacated the delay rule as a result of litigation in National Venture Capital Association v. Duke. This forces DHS to comply with the court order and implement the IER parole program. We also know that DHS is still in the final stages of publishing a notice of proposed rulemaking seeking to remove the IER.   

​

For now, unfortunately, the U.S. Government Publishing Office and the Electronic Code of Federal Regulations have not publish the final IEP rules for public use The Form I-941 Instruction contains requirements that are inconsistent with the requirements in the International Entrepreneur Rule. We hope USCIS will publish guidelines to clarify these issues.

​

The Eligibility

Entrepreneurs applying for parole under this rule must demonstrate that they:

• 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.​

 

We will post the latest news on this matter.