U.S. Citizenship and Immigration Services (USCIS) has announced that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that sought to remove the International Entrepreneur (IE) program from DHS regulations. As a result, the IE parole program may serve as a viable option for certain foreign entrepreneurs.
The program, which is intended for use by Entrepreneurs seeking to create and develop start-up entities with high growth potential in the United States, is consistent with President Biden’s recent Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans”, which directs the secretary of homeland security to “identify any agency actions that fail to promote access to the legal immigration system.” The expectation is that IE program will help to strengthen and grow the U.S. economy through increased capital spending, innovation, and job creation.
In order to qualify, 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.
Under the IE program, parole may be granted to up to three entrepreneurs per start-up entity, and spouses and children are also eligible for parole, with spouses also permitted to apply for employment authorization in the United States.
USCIS is expected to provide more information on the program in the coming weeks and D&S will provide updates as they become available.