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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See 86 FR 25809.