Chapter 5 - Additional Periods of Parole

In general, the parolee may be considered for a single period of re-parole for up to 30 months^[1] as an international entrepreneur if the parolee demonstrates that a grant of parole will continue to provide a significant public benefit to the United States based on their role as an entrepreneur of a start-up entity.^[2]

A. Filing

Before expiration of the initial period of parole, an entrepreneur parolee may request an additional period of parole based on the same start-up entity that formed the basis for the initial period of parole. To request such parole, an entrepreneur parolee must timely file an Application for Entrepreneur Parole (Form I-941).^[3]

B. Criteria for Consideration

A parolee seeking re-parole must demonstrate that the parolee continues to be an entrepreneur and that the entity continues to be a start-up entity.^[4]

The applicant is no longer required to demonstrate an ownership interest of 10 percent when applying for re-parole. Instead, as of the date USCIS adjudicates the application for re-parole, the parolee must have retained at least a 5 percent ownership in the start-up entity.^[5]

1. General Criteria

The parolee may seek re-parole by establishing that during the initial parole period the entity has:

• Received a qualified investment, qualified government grants or awards, or a combination of such funding, of at least the amounts specified in the table below;

• Created at least five qualified jobs with the start-up entity; or

• Reached annual revenue in the United States of at least the amount specified in the table below and averaged 20 percent in annual revenue growth.^[6]

The following table outlines the required amount of investment, grants, awards, or revenue, which varies based on the date the applicant filed the Form I-941.

2. Alternative Criteria

A parolee who partially meets one or more of the general criteria above may alternatively provide other reliable and compelling evidence of the start-up entity's substantial potential for rapid growth and job creation.^[7]

C. Decision

1. Approval

If the applicant establishes that applicant’s continued presence in the United States will provide a significant public benefit, USCIS may approve a single request for re-parole in its discretion.

If the entrepreneur is in the United States at the time that USCIS approves the request for re-parole, such approval is considered a grant of re-parole. If the entrepreneur is outside the United States at the time that USCIS approves the request for re-parole, the entrepreneur must appear at a port of entry to be granted parole by Customs and Border Protection (CBP), in lieu of admission.^[8]

2. Denial

If the applicant fails to establish that the applicant’s presence in the United States will provide a significant public benefit and that a favorable exercise of discretion is warranted, the officer denies the application and notifies the applicant in writing of the specific reasons for a denial.^[9]

An applicant may not appeal or move to reopen or reconsider a denial of international entrepreneur parole.^[10] However, USCIS may reopen or reconsider a denial on its own motion.^[11]

Footnotes

[^ 1] See 8 CFR 212.19(d)(3).

[^ 2] See 8 CFR 212.19(c)(2)(i).

[^ 3] See 8 CFR 212.19(c)(1).

[^ 4] See 8 CFR 212.19(c)(2)(ii)(A).

[^ 5] See 8 CFR 212.19(a)(1).

[^ 6] See 8 CFR 212.19(c)(2)(ii)(B).

[^ 7] See 8 CFR 212.19(c)(2)(iii). For more discussion of consideration of alternative evidence, see Chapter 3, Documentation and Evidence, Section C, Qualified Investment, Award, or Grant, Subsection 3, Alternative Evidence Option [3 USCIS-PM G.3(C)(3)].

[^ 8] See 8 CFR 212.19(d)(3).

[^ 9] See 8 CFR 103.3(a)(1).

[^ 10] See 8 CFR 212.19(d)(4).

[^ 11] See 8 CFR 103.5(a)(5).