USA
US Immigration Opens Doors to attract International Business Owners. The United States Department of Homeland Security (DHS) has introduced the International Entrepreneur Rule (IER), a groundbreaking regulation designed to attract foreign entrepreneurs to the country. This rule aims to stimulate economic growth by allowing noncitizen entrepreneurs to reside in the U.S. if their business ventures offer significant public benefits.
Start-Up Requirements
To qualify for the IER, start-ups must meet specific criteria:
- Formation Timeline: The start-up must have been established within the past five years in the U.S.
- Growth Potential: It must demonstrate substantial potential for rapid growth and job creation.
Funding Criteria
Start-ups need to secure funding through one of the following avenues:
- Qualified Investments: At least $264,147 from U.S. investors.
- Government Grants: At least $105,659 from U.S. government awards.
- Alternative Evidence: Additional reliable evidence if funding levels are partially met.
Parole Duration and Employment Authorization
Entrepreneurs can receive an initial parole period of up to 2.5 years, extendable for another 2.5 years, totaling a maximum of five years. During this period:
- Work Authorization: Entrepreneurs are authorized to work solely for their start-up.
- Spousal Employment: Spouses can apply for employment authorization, but children are not eligible.
Application Process
Entrepreneurs must file Form I-941, Application for Entrepreneur Parole, along with a $1,200 fee and supporting documents. The process varies based on the applicant’s location:
- Outside the U.S.: Visit a U.S. embassy or consulate for parole processing.
- Within the U.S.: Receive travel documentation by mail or at a U.S. embassy or consulate.
Ownership and Role Requirements
To be eligible, entrepreneurs must:
- Ownership: Own at least 10% of the start-up at the time of the initial application.
- Role: Have a central and active role in the start-up’s operations.
Start-Up Funding Requirements
The funding must come from:
- Qualified Investments: At least $264,147 from U.S. investors.
- Government Grants: At least $105,659 in U.S. government awards.
- Alternative Evidence: Additional reliable evidence if funding levels are partially met.
Key Elements of the International Entrepreneur Rule
The IER offers several benefits and requirements:
- Eligibility: Entrepreneurs can be living abroad or already in the U.S.
- Formation and Potential: Start-ups must be formed within the past five years and show substantial potential for growth and job creation.
- Parole and Employment: Entrepreneurs may receive up to 2.5 years of parole, extendable to five years. Spouses can apply for work authorization, but children cannot.
- Maximum Entrepreneurs per Start-Up: Up to three entrepreneurs per start-up can be eligible for parole under the IER.
The International Entrepreneur Rule represents a significant step forward in U.S. immigration policy, aiming to attract and retain global talent. By supporting foreign entrepreneurs, the DHS hopes to foster innovation, create jobs, and drive economic growth. For more information and to apply, visit the DHS website and review the detailed guidelines and application forms.
