U.S. Citizenship and Immigration Services (USCIS) has issued comprehensive guidance on parole for international entrepreneurs.
On January 17, 2017, the Department of Homeland Security (DHS) published the International Entrepreneur Rule. This rule provides a framework for DHS to use its parole authority to grant a period of authorized stay to noncitizen entrepreneurs on a case-by-case basis. Specifically, this rule applies to noncitizen entrepreneurs who possess substantial ownership interest in a start-up entity and can demonstrate that their stay in the United States would provide “a significant public benefit” through that entity’s potential for rapid business growth and job creation.
After the rule was fully implemented in 2021, USCIS has received a growing number of applications. USCIS claims they will “continue to adjudicate them as expeditiously as possible.”
USCIS is now publishing guidance in the Policy Manual about this rule. The Policy Manual contains information about:
The criteria for consideration for the applicant, the start-up entity, and the qualified investment or government award/grant;
Evidence and documentation;
The discretionary nature of the entrepreneur parole adjudication;
Conditions on parole and bases for termination;
The criteria for consideration for an additional parole period; and
Options available to the entrepreneur’s family to join as parolees and if eligible to obtain employment authorization.
USICS notes that although an individual who is paroled into the United States has not been admitted for purposes of immigration law, parolees may enter and remain in the United States and may be authorized to work.