International Entrepreneur Rule

Entrepreneurs applying for parole under this rule must show that they:

• Have a substantial ownership interest in a startup entity created in 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 startup entity such that they are well-positioned to substantially help 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 startup entity by showing that:
  • The startup entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
  • The startup 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 startup entities) from federal, state, or local government entities that regularly provide such awards or grants to startup entities; or
  • They partially meet either or both the previous two requirements and provide additional reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation; and
• Otherwise merit a favorable exercise of discretion.

A spouse or child of an entrepreneur applying for parole under this rule must show that they:

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

Filing Form I-941, Application for Entrepreneur Parole

• You must file Form I-941, Application for Entrepreneur Parole, with the required fees (including biometric services fees) and supporting documentary evidence per 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 (for example, a boarding foil) before appearing at a U.S. port of entry for a final parole determination. A Canadian national traveling directly from Canada to a U.S. port of entry may present an approved Form I-941 at the U.S. port of entry without first obtaining travel documentation.

Filing Form I-131, Application for Travel Document

• The spouse and children (unmarried, minor child under 21 years of age) of an entrepreneur who submits 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. They may file the Form I-131 concurrently with the Form I-941 or  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 showing that you are the dependent spouse or child of an entrepreneur parolee or an applicant for entrepreneur parole.
• Submit all 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; and
  • 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—you are filing the Form I-131 concurrently with the entrepreneur’s Form I-941 Such documentation may include a copy of:
    • Form I-797, Notice of Action, indicating our 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.

Filing Form I-765, Application for Employment Authorization

• If we approve the Form I-131 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: If you submit a Form I-765 to USCIS before the spouse has been paroled into the United States, we may deny the application and not return your fees.

File your completed form(s) at the USCIS Dallas Lockbox facility.

Form I-9 Guidance

A noncitizen entrepreneur granted parole may be an employer or an employee. Employees will need to complete Form I-9, Employment Eligibility Verification.

The following documents establish 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 if 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.

For information on Form I-9 requirements, see I-9 Central.

The spouse of a noncitizen entrepreneur granted parole may also be eligible for parole and apply for work authorization once the spouse is present in the United States. The spouse is only authorized to work if DHS has issued them a Form I-766, Employment Authorization Document. Children of entrepreneurs granted parole are not eligible for employment based on this parole.

Application requirements and who may apply for parole/re-parole:

1. Can I apply for the International Entrepreneur Rule (IER) program if I am in nonimmigrant status, such as B-1 or F-1? Can I apply if I have overstayed the term of my nonimmigrant status but believe I fulfill the other criteria of the International Entrepreneur Rule?

ANSWER: Yes. People in the United States in nonimmigrant status can apply under the IER. People who are not presently maintaining nonimmigrant status may also apply for entrepreneur parole but would have to depart the United States to be paroled back in, if authorized, and may have immigration consequences upon departure if they did not maintain their nonimmigrant status.

2. Can I hold valid nonimmigrant status and be an entrepreneur parolee at the same time?

ANSWER: No. A Form I-941 applicant who has a nonimmigrant status in the United States cannot also be an entrepreneur parolee. If we approve your Form I-941 application and you are in the United States, you may choose to depart the United States and appear at a U.S. port of entry for a final parole determination.

3. Where can I find the exact requirements for the IER?

ANSWER: The following documents explain the application process and the requirements for consideration:

• Form I-941;
• The Instructions for Form I-941;
• The International Entrepreneur Rule as published in the Federal Register at 82 FR5238; and
• The relevant regulation at 8 CFR section 212.19.

Significant Public Benefit

4. What constitutes “a significant public benefit” to the United States?

ANSWER: There is no statutory or regulatory definition of significant public benefit. Specifically, for IER applicants, the threshold criteria described in 8 CFR section 212.19  include some of the factors we consider when determining whether the proposal would provide a significant public benefit to the United States. Parole determinations are case-by-case discretionary determinations that consider the totality of the circumstances of each case. In addition to meeting the investment, grant, or award criteria, you should submit additional supporting evidence describing your startup idea and showing its substantial potential for rapid growth and job creation. Such supporting evidence may include:

• Evidence of investments from any investors, government awards or grants, or revenue generation. Such evidence could include bank records, wire transfers, equity purchase agreements, equity certificates, equity ledgers, or capitalization tables.
• Letters from relevant government agencies, qualified investors, or established business associations with knowledge of your entity’s research, products, or services. Letters from the same organizations or individuals confirming that your knowledge, skills, or experience would advance your entity’s business.
• Newspaper articles or other similar evidence that you or your entity have received significant attention or recognition.
• Evidence that you or your entity have been recently invited to participate in, are participating in, or have graduated from one or more established and reputable startup accelerators.
• Patent awards or other documents indicating that you or your entity are focused on developing new technologies or innovative research.
• Evidence that you have played an active and central role in the success of prior startups, such as letters from relevant government agencies, qualified investors, or established business associations with knowledge of your prior startup activities.
• Degrees or other documentation indicating that you have knowledge, skills, or experience that would significantly advance your entity’s business.
• Tax or payroll records, Form I-9 records, or other documents indicating that your entity has created qualified jobs before you file for parole.
• Any other reliable evidence indicating your entity’s potential for growth and your ability to advance your entity’s business in the United States.

Note: If this list of evidence does not apply to your entrepreneurial activities, you may submit any other evidence that a grant of parole will provide a significant public benefit to the United States based on your role as the entrepreneur of a startup entity.

Startup Entity

5. What factors indicate substantial potential for rapid growth and job creation?

ANSWER: You can show substantial potential for rapid growth and job creation by the receipt of significant capital investment from U.S. investors with established records of successful investments in startup entities. You can also show this through significant awards or grants from certain federal, state, or local government entities that regularly provide awards or grants to startup entities. DHS regulations also include alternative criteria for applicants who partially meet the thresholds for capital investment or government awards or grants and can provide additional reliable and compelling evidence of their entities' significant potential for rapid growth and job creation. This additional evidence can include:

• The number of users, customers, and revenue generated by the startup entity, and by additional investments or fundraising, including any obtained through crowdfunding platforms;
• Social impact of your startup entity;
• National scope of your startup entity;
• Positive effects on your startup entity’s locality or region;
• Your academic degrees;
• Your prior success in operating startup entities as shown by patented innovations, annual revenue, job creation, or other factors;
• Selection of your startup entity to participate in one or more established and reputable startup accelerators or incubators; and
• Any other reliable and compelling evidence that your startup entity has substantial potential for rapid growth and job creation.

6. Can investments or grants be to a parent, subsidiary, affiliated or related company?

ANSWER: No. The investment or grants must be made to the qualifying startup entity itself.

Eligibility Requirements for the Entrepreneur

7. How much of my startup must I own as an entrepreneur for it to be “substantial ownership?” Is there a minimum, such as 10%?

ANSWER: The officers who will process your application are guided by the DHS regulations at 8 CFR section 212.19. We consider ownership interest “substantial” if you (the Form I-941 applicant) have at least a 10% ownership interest in the startup entity at the time of adjudication of the initial grant of parole, and if you have at least a 5% ownership interest in the startup entity at the time of adjudication of a subsequent period of re-parole.

8. What types of evidence could an entrepreneur provide to meet the regulatory requirement of having a central and active role in the startup entity?

ANSWER: To qualify as an entrepreneur under the IER, you must be well positioned to substantially promote the growth and success of your startup business. You must have the required knowledge, skills, or experience. You should provide a detailed description of your central and active role in the startup entity, along with supporting evidence, which may include:

• Letters from relevant government agencies, qualified investors, or established business associations with knowledge of the entity’s research, products or services, and your knowledge, skills or experience that would advance the entity’s business;
• Newspaper articles or other similar evidence that you or your entity has received significant attention or recognition;
• Evidence that you or your entity has been recently invited to participate in, is currently participating in, or has graduated from one or more established and reputable startup accelerators;
• Evidence that you have played an active and central role in the success of prior startup entities;
• Degrees or other documentation indicating that you have knowledge, skills or experience that would significantly advance the entity’s business;
• Documentation pertaining to intellectual property of the startup entity, such as a patent, that you obtained or that was a result of your efforts and expertise;
• Position description of your role in the operations of the company; and
• Any other reliable evidence indicating that you perform a central and active role in the startup entity.

Qualified Investment

9. What is the minimum amount that USCIS considers a significant investment of capital?

ANSWER: The startup entity must have received a qualified investment of at least $250,000 (adjusted for inflation—see note below) from one or more qualified investors within 18 months immediately preceding the filing of your Form I-941. DHS regulations also include alternative criteria for applicants who partially meet the thresholds for capital investment or government awards or grants and can provide additional reliable and compelling evidence of their entities' significant potential for rapid growth and job creation.

Note: Every three years, by regulation, the Consumer Price Index for All Urban Consumers will adjust the investment amount automatically. The new amount will take effect the following fiscal year. Calculating the adjustment for the three-year period from December 2017 (when we implemented the IER after a federal court vacated the rule delaying the effective date of the final rule) to December 2020, the new amount would be $264,147 as of Oct. 1, 2021. We are publishing the new amounts on our website, as required by regulation, and are working on a technical update to the regulation itself, which will be published in the Federal Register.

Qualified Investor

10. Many investment firms based in the United States, such as venture capital firms, have a wide range of funding from limited partners that vest control in U.S. citizen partners who manage and even “control” the fund. May I support my Form I-941 with evidence that the qualifying investment firm is controlled by U.S. citizens or residents without having to demonstrate that at least 50% of the capital is sourced from U.S. citizens or residents? These silent investors do not control the fund’s management or how the fund’s capital is invested.

ANSWER: The regulation defines the term “qualified investor” to include an organization located in the United States and that operates through a legal entity organized under the laws of the United States or any state that is majority owned and controlled, directly and indirectly, by U.S. citizens or lawful permanent residents (LPRs). While we do not require the applicant to establish that at least 50% of the capital contributed to the fund is sourced from U.S. citizens or LPRs, the applicant must nevertheless show that the firm is majority owned and controlled, directly and indirectly, by U.S. citizens or LPRs. The applicant must also establish, among other things, that the investor has a successful track record of accomplishment making investments in startup entities and that the investment is a good faith investment of lawfully derived capital.

11. What is the minimum threshold for an established record of successful investments?

ANSWER: The definition of a qualified investor at 8 CFR section 212.19 requires the investor to have a history of substantial investment in successful startup entities. For this requirement, we consider such an individual or organization a qualified investor if, during the preceding five years, the following apply:

• The individual or organization made investments in startup entities in exchange for convertible debt or other security convertible into equity commonly used in financing transactions within their respective industries, for a total in such five-year period of no less than $600,000 (adjusted for inflation – see note below); and
• After such investment by such individual or organization, at least two such entities each created at least five qualified jobs or generated at least $500,000 (adjusted for inflation—see note below) in revenue with average annualized revenue growth of at least 20%.
• Note: Every three years, by regulation, the Consumer Price Index for All Urban Consumers will adjust these amounts automatically. The new amount takes effect the following fiscal year. Calculating the adjustment for the three-year period from December 2017 (when USCIS implemented the IER after a federal court vacated the rule delaying the effective date of the final rule) to December 2020, the new amounts will be $528,293 and $633,952 as of Oct. 1, 2021. We are publishing the new amounts on our website, as required by regulation, and are working on a technical update to the regulation itself, which will be published in the Federal Register.

Qualified Government Award or Grant

12. What is the minimum threshold for significant grants or awards?

ANSWER: The startup entity must have received at least $100,000 (adjusted for inflation—see note below) through one or more qualified government awards or grants within 18 months immediately preceding the filing of Form I-941. DHS regulations also include alternative criteria for applicants who partially meet the thresholds for capital investment or government awards or grants and can provide additional reliable and compelling evidence of their entities' significant potential for rapid growth and job creation.

Note: Every three years, by regulation, the Consumer Price Index for All Urban Consumers will adjust these amounts automatically. The new amount takes effect the following fiscal year. Calculating the adjustment for the three-year period from December 2017 (when USCIS implemented the IER after a federal court vacated the rule delaying the effective date of the final rule) To December 2020, the new amounts will be $528,293 and $633,952 as of Oct. 1, 2021. We are publishing the new amounts on our website, as required by regulation, and are working on a technical update to the regulation itself, which will be published in the Federal Register.

13. Does the grant for the startup from a qualified entity need to be initiated by the parole applicant or just by the entity that parole applicant is applying to support?

ANSWER: The government award or grant may be initiated by either the parole applicant or the startup entity. However, the grant must be awarded to the startup entity under regulations outlined at 8 CFR 212. 19.

14. Can grants be from nations outside of the United States?

ANSWER: No. Awards or grants from foreign government entities are not considered qualified government awards or grants under the IER.

Alternative Criteria

15. Please explain what is meant by "other reliable and compelling evidence of the startup entity's substantial potential"? Where do the regulations discuss these alternative criteria?

ANSWER:  The alternative criteria is discussed in 8 CFR Section 212.19 (b)(2)(iii), Form I-941 instructions, and the preamble to the final rule. Such supporting evidence may include:

• Evidence of rapid growth, such as:
  • number of users or customers;
  • revenue generated by the startup entity;
  • additional investments/fundraising, including crowdfunding platforms;
• Social impact of the startup entity;
• National scope of the startup entity;
• Positive effects on the startup entity’s locality or region; and
• Any other reliable and compelling evidence that the startup entity has substantial potential for rapid growth and job creation.

Biometrics

16. If I am an applicant outside the United States, how do you collect my biometrics?

ANSWER: If you are a Form I-941 applicant residing outside the United States and seeking initial parole under the IER, you must submit biometrics. We will send you a notice explaining where to submit biometrics after we coordinate with the Department of State or the International USCIS field office closest to you.

Processes After Conditional Parole is Approved

17. If my Form I-941 is conditionally approved and I am already in the United States, how do I receive my parole? What is the process if I am outside the United States?

ANSWER: Filing and obtaining a conditional approval of a Form I-941 application under this rule will not, by itself, constitute a grant of parole. The following processes apply:

• If we conditionally approve your Form I-941 application and you are in the United States, you must obtain an I-512L Advance Parole document and depart the United States before appearing at a U.S. port of entry for a final parole determination;
• If we conditionally approved your Form I-941 application and you are outside the United States, you must visit a U.S. embassy or consulate to obtain travel documentation (for example, a boarding foil) before appearing at a U.S. port of entry for a final parole determination—unless you are a Canadian national traveling directly from Canada to a U.S. port of entry; and
• A Canadian national traveling directly from Canada to a U.S. port of entry may present an approved Form I-941 at the U.S. port of entry without first obtaining travel documentation.

If circumstances do not meaningfully change after USCIS conditionally approves your Form I-941 and DHS does not discover material information that was previously unavailable, CBP is likely to let you parole at a port of entry.

18. Does the Department of State (including U.S. embassies and consulates), as a distinct agency from DHS, have different requirements for the IER than do DHS and USCIS?

ANSWER: The requirements for the IER are set forth in 8 CFR 212.19 The Department of State does not have different requirements for the program, because DHS makes parole determinations (provisionally by USCIS and finally at the port of entry by CBP; both USCIS and CBP are components of DHS). If you are outside the United States and need to apply to the Department of State for travel documentation, Department of State rules on the process for obtaining travel documentation would apply (if USCIS approves your Form I-941).

However, advance authorization of parole by USCIS does not guarantee that you will be issued travel documentation by the Department of State or paroled by CBP upon your appearance at a port of entry. Rather, with a grant of advance parole, you are issued a document authorizing travel (in lieu of a visa) indicating that, so long as circumstances do not meaningfully change and DHS does not discover material information that was previously unavailable, DHS is likely to let you parole at a port of entry.

19. If I am an IER program applicant who has been inspected and admitted to the United States on the Visa Waiver Program, can I remain in the United States past my I-94 expiration date until my request for parole is either conditionally approved or denied?

ANSWER: A pending or conditionally approved Form I-941 application does not authorize you, if you are present in the United States in nonimmigrant status, to remain in the United States beyond the expiration of your authorized period of stay.

Conditions of Parole

20. Am I allowed multiple entries to the United States if I have IER parole?

ANSWER: Yes. The maximum initial parole period is two-and-a-half years. Upon re-entry at the U.S. port of entry, you may receive parole for up to the remainder of the two-and-a-half-year initial parole period.

Changing or Adjusting Status or Other Options After Paroling into the United States

21. What is the maximum time I may remain in the United States if I receive parole through the IER? 

ANSWER: You may have an initial parole for up to two-and-a-half years. If approved for re-parole, you may receive up to another two-and-a-half years, for a maximum of five years.

22. Can I change from IER parolee to an immigrant or nonimmigrant status without leaving the United States?

ANSWER: Anytime during the period of parole, you may apply for classification as an immigrant or nonimmigrant, if you are eligible. However, because parole is not admission, you would be ineligible for adjustment or change of status and would have to depart the United States to apply for admission as an immigrant or nonimmigrant, as applicable.

Dependents

23. I understand that there must be a significant public benefit (or, in less common circumstances, urgent humanitarian reason) for my spouse or child to accompany me, the primary beneficiary. What are the requirements needed to establish this?

ANSWER: Each dependent (your spouse or unmarried children under age 21) seeking parole must independently establish eligibility for parole based on a significant public benefit or an urgent humanitarian reason. Everyone must establish that they merit a favorable exercise of discretion to receive parole. If you have received parole under the IER, we may consider granting parole to your spouse and children if we determine that maintaining your family unity provides a significant public benefit because it further encourages you to operate and grow your business in the United States, and to provide the benefits of such growth to the United States.

24. I understand that I must file requests for parole for my spouse and children must with Form I-131. Does this mean that even if my spouse and children are not in the United States at the time of filing, they still can file Form I-131 with USCIS? Will they also need to have an interview through the consular processing?

ANSWER: Your dependents may file Form I-131 at the same time you file Form I-941, regardless of whether they reside outside of the United States at the time of filing. Your dependents may also file Form I-131 after you file your Form I-941. Any applicants outside the United States will need to continue consular processing with the collection of biometrics, and we will send you a notice explaining where to submit biometrics in coordination with the Department of State or the International USCIS field office closest to you.

25. Is there an additional waiting period for spouses to who are granted parole to be able to work?

ANSWER: Spouses who are paroled into the United States by CBP may immediately apply for work authorization by filing Form I-765. The spouse parolee, however, will not be authorized to work in the United States until the Form I-765 is approved and an employment authorization document is issued.

 Processing times

26. What is the estimated processing time between my submission of Form I-941 to USCIS, and, if it is approved, the Department of State’s issuance of my travel documentation? Given lengthy wait times at most U.S. embassy and consular posts around the world, are USCIS and Department of State taking any steps to ensure processing is completed in weeks, not months?

ANSWER: USCIS has not yet received enough applications to adequately determine typical processing times for Form I-941. You should direct any questions pertaining to consular processing times to Department of State.

Question relating to Form I-941

27. Form I-941 appears to have an error at Part 5, item 19a. It refers to “10” qualified jobs. But I understand that DHS amended the final rule to require that, when applying for re-parole, the startup entity only needs to provide evidence of having created “5” qualified jobs during the initial parole period. Please clarify.

ANSWER: The prior version of Form I-941 contained a typographical error at Part 5, item 19a. The newest, corrected version of the form  says that the number of qualified jobs required when applying for re-parole is “5.” The correct version of the form is available on the USCIS website (PDF, 766.7 KB).