The International Entrepreneur Rule is a U.S. immigration program designed for foreign entrepreneurs who want to launch and grow their startup businesses in the United States. This program helps attract individuals who can contribute to the U.S. economy by fostering innovation, creating jobs, and driving business growth.
In this guide, you will learn the key requirements for applying for the Entrepreneur Parole program, including how to qualify, how to renew your status, and a checklist of important criteria.
Requirements for the International Entrepreneur Rule: First 30-Month Approval
To qualify for the International Entrepreneur Parole, entrepreneurs must meet specific requirements. The first step is submitting Form I-941, the Application for Entrepreneur Parole. Here are the essential criteria:
1. Qualified Entrepreneurship
- Ownership Stake: You must own a substantial percentage of the startup.
- At least 10% ownership is required when you first apply.
- After your initial approval, this ownership can decrease but must stay above 5%.
- Active Role: You must play a central, active role in your startup’s daily operations, contributing your knowledge, skills, or experience to help the business grow.
2. Qualified Startup
- Your U.S. business must have been formed within the last five years.
- The business must be lawfully operating, excluding companies primarily engaged in securities trading.
- Your startup should show substantial potential for rapid growth and job creation.
3. Public Benefit
- You must provide evidence that your business will bring significant public benefits to the U.S. This can be shown through reports from qualified investors or government agencies.
- You can also demonstrate public benefit through:
- Qualified investments of at least $250,000 or
- Awards or grants of at least $100,000 in the 18 months before applying.
Entrepreneur Parole Application Process and Timeline
Once you meet the eligibility criteria, you can apply for International Entrepreneur Parole by submitting Form I-941 to U.S. Citizenship and Immigration Services (USCIS).
Here’s what happens next:
- Approval: After USCIS approves your application, you’ll need to obtain a boarding foil from a U.S. consulate. This allows you to board a flight to the United States.
- Family Members: Spouses and unmarried children under the age of 18 can also join you in the U.S. under the Entrepreneur Parole program.
- Spouses can apply for an Employment Authorization Document (EAD) by filing Form I-765 after entering the U.S.
- The entrepreneur (founder) is automatically permitted to work in the U.S.
Renewing Your Entrepreneur Parole Status: The Second 30-Month Approval
After the first 30-month parole period, you can apply to extend your stay for an additional 2.5 years (second parole period). To qualify for this extension, you must meet the following requirements:
1. Qualified Entrepreneurship (Re-Parole)
- Maintain at least 5% ownership of the startup at the time of re-parole.
- Continue to hold a central and active role in the business operations.
2. Qualified Startup (Re-Parole)
- Your business must continue operating and show that it still has significant potential for growth and job creation.
3. Continued Public Benefit (Re-Parole)
- To qualify for re-parole, you must meet one of the following conditions:
- Secure an additional $500,000 in qualified investments.
- Create at least five full-time jobs for U.S. workers.
- Generate $500,000 or more in annual revenue in the U.S.
- If you cannot meet these thresholds fully, you may still qualify if you provide evidence that your startup is on track to meet these goals and can demonstrate significant growth potential.
Key Takeaways
The International Entrepreneur Rule allows foreign entrepreneurs to establish and grow their businesses in the U.S., benefiting both the entrepreneur and the U.S. economy. To qualify, you must meet ownership, operational, and public benefit criteria, and demonstrate your startup’s potential for growth.
With the right application and evidence, entrepreneurs can secure up to five years of parole status to build their businesses in the U.S. If you meet the ongoing requirements, you can extend your status for another 2.5 years.
For assistance with your application or to better understand the process, Law and Visas offers expert guidance to help entrepreneurs navigate U.S. immigration rules and grow their businesses successfully.
