Temporary Stay and Work in the US: Navigating the International Entrepreneur Rule

Do you have a brilliant business idea but lack the US residency to make it a reality? The US Citizenship and Immigration Services (USCIS) has good news for you! The United States has introduced the International Entrepreneur Rule (IER), a significant opportunity for non-citizen entrepreneurs seeking to establish and grow their startups in the US.

The IER allows eligible entrepreneurs to live and work in the US temporarily, provided they meet specific criteria. This article delves into the details of the IER, its eligibility requirements, and the application process.

What is the International Entrepreneur Rule (IER)?

The IER is a program that grants temporary parole status to foreign entrepreneurs who meet specific criteria. This parole allows them to live and work in the United States for up to five years to develop and scale their businesses.

These conditions include:

• Ownership: The entrepreneur must own at least 10% of the startup at the time of the initial application and at least 5% at the time of re-parole.
• Startup Requirements: The startup must be less than five years old and established as a US entity.
• Investment: The startup must have received at least $250,000 in capital from qualified US investors or $100,000 in government grants or awards.

Authorized Stay and Work Permissions

The Department of Homeland Security (DHS) grants an authorized stay, technically called ‘parole,’ on a case-by-case basis. Entrepreneurs granted parole can work only for their startup. Additionally, the spouse and children of the entrepreneur may also be eligible for parole, with the spouse able to apply for employment authorization upon entry to the US.

Threshold Criteria for IER

To qualify for the IER, entrepreneurs and their startups must meet the following threshold criteria:

1. Entrepreneur’s Residence: Entrepreneurs can be either living abroad or already in the US.
2. Startup Formation: The startup must have been formed in the US within the past five years.
3. Investment and Grants: The startup must demonstrate at least $264,147 in qualified investments from investors or at least $105,659 in government awards or grants.
4. Initial Parole Period: Entrepreneurs may be granted an initial parole period of up to 2.5 years, with a possible extension of another 2.5 years based on additional funding, job creation, or revenue benchmarks.
5. Number of Entrepreneurs: Up to three entrepreneurs per startup can be eligible for parole under the IER.

Detailed Criteria for Entrepreneurs and Startups

• Ownership Interest: Entrepreneurs must have a substantial ownership interest in the startup.
• Qualified Investments: Investments must be in the form of equity, convertible debt, or other security convertible into equity.
• Growth Potential: The startup should show substantial potential for rapid growth and job creation.

Application Process

Forms and Fees

Entrepreneurs must file Form I-941, Application for Entrepreneur Parole, along with a $1,200 fee. The spouse and children (unmarried minors under 21) must file Form I-131, Application for Travel Document, with a $630 fee and supporting evidence.

Processing Time

Currently, Form I-941 is not eligible for premium processing. However, applicants can request expedited processing at the discretion of USCIS.

Post-Approval Steps

If the application is approved, entrepreneurs outside the US must complete parole processing at a US embassy or consulate. Those within the US will receive travel documentation by mail and must depart and re-enter the US for a final parole determination.

Travel and Work Authorization

Entrepreneurs approved under the IER are authorized to work for their startup without needing a separate work authorization form. However, this benefit is distinct from a visa, as it allows a one-time entry into the US. Entrepreneurs can apply for ‘advance parole’ for further travel needs.

Conclusion

The International Entrepreneur Rule provides a valuable opportunity for non-citizen entrepreneurs to contribute to the US economy by establishing and growing their startups. By meeting the specified criteria and following the application process, entrepreneurs can benefit from a temporary stay in the US, fostering innovation and job creation.

For more detailed information and updates on the International Entrepreneur Rule, entrepreneurs should refer to the official USCIS website and consult with immigration experts.