A Unique Opportunity for Entrepreneurs To Grow Their Business In The United States
International Entrepreneur Rule (IER)
Build and Grow Your Business in the United States
At Fakhoury Global Immigration (FGI), we are committed to helping visionary entrepreneurs navigate the U.S. immigration system. The International Entrepreneur Rule (IER) provides a unique opportunity for noncitizen entrepreneurs to build and grow their businesses in the United States by granting them a period of authorized stay, known as "parole," based on the significant public benefit their business venture could provide.
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What is the International Entrepreneur Rule (IER)?
The International Entrepreneur Rule (IER) allows the Department of Homeland Security (DHS) to grant a period of authorized stay, or parole, to noncitizen entrepreneurs who can demonstrate that their presence in the United States will bring significant public benefit through their entrepreneurial activities. This rule is designed to attract and retain the best and brightest minds from around the world, who can contribute to the U.S. economy by creating jobs and advancing innovation.
Key Criteria and Elements of the IER Visa
To qualify for parole under the International Entrepreneur Rule, entrepreneurs must meet specific criteria. Whether residing abroad or already in the United States, entrepreneurs may apply if their start-up entity was legally formedin the U.S. within the past five years and demonstrates substantial potential for rapid growth and job creation. This potential can be shown through at least $264,147 in qualified investments from eligible U.S. investors or at least $105,659 in qualified government awards or grants, or alternative evidence of the start-up's growth potential. The spouse of the entrepreneur may also be eligible for parole and can apply for employment authorization once paroled into the U.S., while children are eligible for parole but not employment authorization. Entrepreneurs may be granted an initial parole period of up to 2½ years, with the possibility of re-parole for an additional 2½ years if further benchmarks are met, allowing for a total stay of up to 5 years. Additionally, up to three entrepreneurs per start-up entity can be granted parole under this rule.
How to Apply for parole under the iER
To apply for parole under the International Entrepreneur Rule (IER), entrepreneurs must submit Form I-941, Application for Entrepreneur Parole, along with the required fee and supporting documentation. Once the application is filed,if you are outside the United States and your Form I-941 is conditionally approved, you will need to complete parole processing at a U.S. embassy or consulate abroad, which includes obtaining travel documentation, such as a boarding foil, before arriving ata U.S. port of entry for a final parole determination. If you are within the United States, and your Form I-941 is approved, travel documentation will be mailed to your U.S. address, or you can choose to receive it through a U.S. embassy or consulate abroad. You must then leave and re-enter the U.S. using the travel documentation for final parole determination. Canadian nationals have the option to present an approved Form I-941 directly at a U.S. port of entry without needing additional travel documentation.Once paroled into the U.S. under the IER, entrepreneurs are authorized to work for their start-up business without needing to file Form I-765 for employment authorization. USCIS will provide instructions for obtaining travel documentation based on your preference to receive it at your U.S. mailing address or through a U.S. embassy or consulate abroad, eliminating the need to file Form I-131 separately.
At FGI, we understand the unique challenges faced by international entrepreneurs and are here to help you leverage the opportunities provided by the International Entrepreneur Rule. Whether you are looking to launch a new venture or expand your existing business in the United States, our team is dedicated to guiding you through the application process and helping you achieve your entrepreneurial goals in the U.S. Contact us today to learn more about how the IER can help you bring your business vision to life in the United States.
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