What is International Entrepreneur Parole Program?

DHS Announces Continuation of International Entrepreneur Parole Program

Background:

DHS withdraws the proposed rule published May 29, 2018, at 83 FR 24415 as of May 11, 2021
The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States
The program will help to strengthen and grow our nation’s economy through increased capital spending, innovation, and job creation

The announcement is consistent with President Biden’s Executive Order 14012:

“Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”

The executive order requires the secretary of homeland security to “identify any agency actions that fail to promote access to the legal immigration system”.

Timelines of The Original Rule

The initial IE final rule was published on Jan. 17, 2017, and was scheduled to take effect on July 17, 2017
This final rule guided DHS in the use of its parole authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation
Prior to the effective date, DHS published a final rule to delay the implementation date of the IE final rule to March 14, 2018
This allowed DHS additional time to draft and seek public comments on a proposal to rescind the IE final rule
However, in December 2017, a federal court vacated the delay, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE final rule
Since then, the program has been up and running, and USCIS continues to accept and adjudicate applications consistent with existing DHS regulations

The Rule

“Under the International Entrepreneur Rule (IER), DHS may use its parole authority to grant a period of authorized stay, on a case-by-case basis, 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 this final rule, entrepreneurs granted parole will be eligible to work only for their start-up business. The spouses and children of the foreign entrepreneur may also be eligible for parole. While spouses may apply for work authorization once present in the United States as parolees, the children are not eligible to work. IER parole may be granted for up to three entrepreneurs per start-up entity.”

Who is Eligible To Apply For This Parole Program?

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

Eligibility for the Spouse and Children of the Entrepreneur

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

How Do I Apply for This Special Program?

Filing Form I-941, Application for Entrepreneur Rule

You must file Form I-941, Application for Entrepreneur Parole, with the required fees (including biometric services fees), and supporting documentary evidence in accordance with 8 C.F.R. § 212.19 and the Form I-941 instructions
The filing fee for Form I-941 is $1,200 and the biometric services fee is $85.
Filing and obtaining approval of a Form I-941 application under this rule will not, by itself, constitute a grant of parole
If your Form I-941 application is approved, you must visit a U.S. consulate abroad to obtain travel documentation (e.g., a boarding foil) before appearing at a U.S. port of entry for a final parole determination

Please Note A Canadian national traveling directly from Canada to a U.S. port of entry may present an approved I-941 at the U.S. port of entry without first obtaining travel documentation.

Additional Travel Documents For Spouse and Children of An Entrepreneur Submitting Form I-94:

The spouse and children (unmarried, minor child under 21 years of age) of an entrepreneur submitting Form I-941 may file Form I-131, Application for Travel Document, with the required application fee and biometrics services fee, to request parole to accompany or join the entrepreneur
The Form I-131 may be filed concurrently with the Form I-941 or it may be filed separately
The filing fee for Form I-131 filed by the spouse or child of an entrepreneur is $575
A biometric services fee of $85 is required for applicants 14 through 79 years of age. For Part 2 Application Type, write “IER” in the margin of Form I-131
You must file Form I-131 with evidence demonstrating that you are the dependent spouse or child of an Entrepreneur Parolee or an Applicant for Entrepreneur Parole

Submit All of the Following Documents:

A copy of a marriage certificate or birth certificate establishing your relationship to an Entrepreneur Parolee or an Applicant for Entrepreneur Parole
Unless filing Form I-131 concurrently with the entrepreneur’s Form I-941, documentation indicating that the entrepreneur has a pending Form I-941 requesting parole, that such request was granted, or that the entrepreneur is a parolee

Such documentation may include a copy of:

Form I-797, Notice of Action, indicating USCIS’ receipt of the entrepreneur’s Form I-941;
The entrepreneur’s Form I-512L, Authorization for Parole of an Alien into the United States; or
Form I-94, Arrival-Departure Record, indicating that the entrepreneur has been paroled into the United States

Employment Authorization For The Spouse of the Entrepreneur is Paroled into the United States

If the Form I-131 is approved, and the spouse of the entrepreneur is paroled into the United States, the spouse may then apply for employment authorization by filing Form I-765, Application for Employment Authorization Children of the entrepreneur will not be eligible to apply for employment authorization under this rule
For Item Number 27, Eligibility Category, enter “(C)(34).” File Form I-765 with evidence of your parole status, such as your Form I-94, and evidence you are the spouse of an International Entrepreneur Parolee, such as a copy of the principal’s Form I-94 and a copy of your marriage certificate

Note:

Children of the entrepreneur will not be eligible to apply for employment authorization under this rule
If a Form I-765 is submitted to USCIS before the spouse has been paroled into the United States, the application may be denied and fees may not be returned

Form I-9 Guidance For The Entrepreneur Or Their Spouse

A foreign entrepreneur granted parole may be an employer or an employee. Those who are employees will be required to complete Form I-9, Employment Eligibility Verification

The following document establishes identity and employment authorization for employment with a specific employer for Form I-9 purposes under List A for an employee who is an entrepreneur granted parole:

Foreign passport; and
Form I-94, Arrival/Departure Record, indicating entrepreneur parole (PE-1) as the class of admission that has the following:
The same name as the passport; and
An endorsement of the individual’s parole as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form
The spouse is only authorized to work if DHS has issued them a Form I-766, Employment Authorization Document

Can I Get a Green Card From This Parole Program?

Entrepreneur parolees do not have a direct path to permanent residence
If you wish to become U.S. permanent residents, you must qualify under an established U.S. immigrant visa program
In addition, the grant of parole is highly discretionary; DHS may terminate or revoke parole at any time, which subjects parolees to some uncertainty

If you have questions about the international entrepreneur program, you can also fill out this contact form and schedule your consultation with one of our attorneys, or

Schedule a Consultation at 469-994-9407

This alert is for informational purposes only