On May 11, 2021, The Department of Homeland Security (DHS) announced that it will continue the International Entrepreneur (IE) parole program. The goal of the IE program is to increase and enhance entrepreneurship, innovation, and job creation in the U.S. The IE program was created in 2017 to enable foreign entrepreneurs to create and develop start-up companies in the U.S. Under this program, DHS can grant foreign entrepreneurs parole for an authorized period of stay in the U.S. on a case-by-case basis.

How the IE program works?

DHS can grant individuals who work at start-ups (as well as their spouses and minor, unmarried children) an initial period of authorized stay in the U.S. of 30 months. Individuals can also get re-parole for an additional 30-month period. During your stay, you must work for the start-up. However, spouses can obtain work authorization and work for any employers.

Limitations

  • Each start-up can only obtain parole for up to three individuals
  • Individuals can only get maximum of five years of parole based on the same start-up (this includes initial parole and re-parole)
  • Children cannot obtain work authorization
  • If you are in U.S. with non-immigrant visa (e.g. L-1, H-1, etc.) and your I-941, Application for Entrepreneur is approved, you will have to re-enter the U.S. through a port-of-entry in order to be considered paroled

Does your start-up qualify? Here’s what you must show:

  • The start-up was formed within five years of filing the parole application
  • The start-up has lawfully done business since it was created
  • The start-up has substantial potential for rapid growth and job creation

Do you qualify as an International Entrepreneur? Here’s what you must show:

  • You have at least 10% ownership in the entity at the time the parole application is being decided; and
  • You have an active and central role in the operations and future growth of the start-up

How to show substantial potential for rapid growth and job creation? You must satisfy at least one of these:

  • Investments
    • Prove that start-up has received at least $250,000 in capital investments
    • Investments must be from qualified U.S. investors with history of substantial investment in successful start-ups
  • Government Grants
    • Start-up has received at least $100,000 in monetary awards or grants from Federal, State or local government entities
    • The government entities must typically provide funding to U.S. businesses for economic, research and development, or job creation purposes
  • Alternative Criteria
    • If you can only partly prove that you have sufficient investments or grants, you can still obtain parole if you show compelling evidence that the start-up has substantial potential for rapid growth and job creation

What if I currently have Nonimmigrant Status in the U.S.?

  • If you have a nonimmigrant visa (e.g. F-1, L-1, H-1, etc.), you may apply for parole while inside the U.S.
  • Once your parole application is approved, you will have to leave the U.S. and obtain travel documentation from a U.S. consulate abroad
  • Upon re-entering the U.S. through a port-of-entry, there will be a final parole determination to allow you to enter the U.S. as an IE parolee.

Re-Parole

  • If you’ve been granted IE parole, you can be considered for an additional 30 months of parole if you can show:
    • The start-up has grown significantly since the initial grant of parole; and
    • Such start-ups have substantial potential for rapid growth and job creation; and
    • You must have at least 5% ownership interest