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 alien 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. This period of authorized stay is called 'parole.' Entrepreneurs granted parole will be eligible to work only for their startup business. The spouse and children of the alien entrepreneur may also be eligible for parole.
Must have at least 10% ownership in the startup at time of application
Startup must have received at least $311,071 in qualified investments from qualifying investors (as of Oct. 1, 2024)
OR startup must have received at least $124,429 in qualified government awards or grants (as of Oct. 1, 2024)
OR alternative reliable and compelling evidence of substantial potential for rapid growth and job creation
Startup must be a lawfully operating U.S. business entity formed within the past 5 years
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Who Qualifies
Entrepreneurs living abroad or already in the United States
Those with substantial ownership (at least 10%) in a U.S. startup entity
Entrepreneurs with a central and active role in the startup's operations
Startup entities formed in the United States within the past five years
Startups with substantial potential for rapid growth and job creation
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Application Process
Form Startup Entity
Establish a U.S. business entity that is lawfully conducting business and was formed within the past 5 years.
Secure Qualifying Funding
Obtain at least $311,071 in qualified investment from qualifying investors or $124,429 in government awards/grants.
File Form I-941
Submit Form I-941, Application for Entrepreneur Parole, with required fee and supporting documents.
Biometrics
Submit biometrics (fingerprints and photo) as instructed by USCIS.
Conditional Approval
If approved and outside the U.S., visit a U.S. embassy/consulate to complete parole processing.
Port of Entry
Appear at a U.S. port of entry for final parole determination.
Begin Operations
Work for your startup entity; you are employment authorized incident to parole.
Re-Parole (if eligible)
Apply for re-parole based on additional benchmarks in funding, job creation, or revenue ($622,142+ revenue for re-parole).
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Key Benefits
Initial parole period of up to 2.5 years
Possible re-parole for additional 2.5 years (maximum 5 years total)
Employment authorization for your startup entity incident to parole
Spouse may apply for employment authorization after being paroled
Children may accompany you to the United States
Up to 3 entrepreneurs per startup can be eligible for parole
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Documents Needed
Form I-941, Application for Entrepreneur Parole
Evidence of substantial ownership (at least 10%) in startup entity
Proof of central and active role in operations
Evidence startup was formed in U.S. within past 5 years
Documentation of qualified investment ($311,071+) or government grant ($124,429+)
Proof qualifying investor meets requirements
Business plan and financial projections
Evidence of startup's potential for rapid growth and job creation
Passport and travel documents
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Frequently Asked Questions
What is a qualifying investor?
A qualifying investor is a U.S. citizen, lawful permanent resident, or U.S. organization that regularly makes substantial investments in startups that subsequently exhibit substantial growth. During the preceding 5 years, they must have invested at least $746,571 in startups, and at least two such entities must have each created at least 5 jobs or generated revenue of at least $622,142 with 20% annualized growth.
Can my spouse work in the United States?
Yes. Spouses of entrepreneurs, after being paroled into the United States under the International Entrepreneur Rule, may apply for employment authorization by filing Form I-765.
Can I apply from outside the United States?
Yes. If you and the startup entity meet all the criteria, you can apply from outside the U.S. You must submit biometrics after coordinating with the Department of State or international USCIS field office closest to you.
What are the investment and revenue amounts as of October 2024?
As of Oct. 1, 2024: Qualified investment from investors must be at least $311,071; government awards/grants must be at least $124,429; revenue for re-parole consideration is $622,142; and qualifying investors must have invested at least $746,571 over 5 years.
Can I change to immigrant or nonimmigrant status?
You may apply for classification as an immigrant or nonimmigrant at any time if eligible. However, as parole is not admission, you would generally be ineligible for adjustment or change of status while in the U.S. and may need to depart to apply for a visa based on petition approval.
How many entrepreneurs per startup can apply?
Up to 3 entrepreneurs per startup can be eligible for parole under the International Entrepreneur Rule.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.