U.S. Citizenship and Immigration Services announced on May 10, 2021 that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations.

What is IE Parole?

The International Entrepreneur (IE) parole rule provides a period of authorized stay to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through their business venture. This parole is intended to allow foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States.
Under IE Parole, DHS may use its parole authority to grant a period of authorized stay to foreign entrepreneurs who demonstrate 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 the IE program, parole may be granted to up to three entrepreneurs per start-up entity, as well as their spouses and children.
Entrepreneurs granted parole are eligible to work only for their start-up business. Their spouses may apply for employment authorization in the United States, but their children are not eligible for such authorization based on this parole.

Am I Eligible for IE Parole?

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.
• Otherwise merit a favorable exercise of discretion.

A spouse or child of an entrepreneur applying for parole under this rule must demonstrate that he or she:

• Is independently eligible for parole based on significant public benefit or urgent humanitarian reasons; and
• Merits a favorable exercise of discretion.

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Contact an experienced immigration attorney to learn how we can help you, your company, or your prospective foreign worker employees. Our San Francisco Bay Area investment immigration lawyers assist investors, global companies, international business owners, start-ups, executives, managers, students, treaty investors, treaty traders, engineers, small to mid-sized companies, and multinational corporations to meet their immigration needs. Our law firm offers more than fifty years of experience in utilizing United States immigration and naturalization laws to serve our investor clients’ needs.

See https://www.uscis.gov/humanitarian/humanitarian-parole/international-entrepreneur-parole
See https://www.uscis.gov/news/news-releases/dhs-announces-continuation-of-international-entrepreneur-parole-program
See 86 FR 25809.