Last week, U.S. Citizenship and Immigration Services (USCIS) issued new guidance on the International Entrepreneur Rule (IER), which was first published by the Department of Homeland Security (DHS) on January 17, 2017.  Full implementation of the IER was delayed until 2021, but without clear guidance for either potential parolees or USCIS adjudicating officers, over the last year, the number of IER requests submitted to USCIS continued to grow while approvals remained rare.

As the Immigration and Nationality Act does not specifically provide for entrepreneurs, there are limited options for foreign born entrepreneurs to start and work at businesses in the United States. With more broadly interpreted regulations aimed to enhance entrepreneurship, innovation, and job creation in the U.S., the IER provides a framework for noncitizen entrepreneurs who possess a substantial ownership interest in a startup entity and who can demonstrate that their stay in the U.S. would provide a significant public benefit through that startup entity’s potential for rapid business growth and job creation.

The new guidance is published in the USCIS Policy Manual and includes information about:

• The criteria for consideration for the applicant, the startup entity, and the qualified investment or government award or 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 the entrepreneur as parolees and, if eligible, to obtain employment authorization.

Although an individual who is paroled into the U.S. has not been admitted into the U.S. for purposes of immigration law, parolees may enter and remain in the United States and may be authorized to work. For more information, see Part G (International Entrepreneur Parole) in Volume 3, Humanitarian Protection and Parole, of the USCIS Policy Manual.