International Entrepreneur Parole
Tricia Wang is a highly rated immigration lawyer with over twenty year experience. Our attorney and paralegals are knowledgeable and keep abreast of the newest developments in the U.S immigration and naturalization law. We are conveniently located in Fremont, California. We look forward to serving you.
YOU MAY START APPLYING FOR ENTREPRENEUR PAROLE NOW!A Brief History
On Jan. 17, 2017, the Department of Homeland Security (DHS), published the International Entrepreneur Rule (IER), which was to take effect on July 17, 2017. Many people were very excited about this entrepreneur parole (also named entrepreneur visa or EB6 visa in social media). Unfortunately, on July 11, 2017 DHS published a delay rule to extend the effective date of the IER to March 14, 2018 due to President Trump’s new Executive Order. The delay rule was challenged in court and got vacated on Dec. 1, 2017, by the U.S. District Court for the District of Columbia in the ruling of National Venture Capital Association v. Duke.Requirements
Under the International Entrepreneur Rule (IER), DHS may use its parole authority to grant a period of authorized stay (an initial period of up to 30 months, may be renewed for additional 30 months) to foreign entrepreneurs, in order for them to work for their start-up business venture in the United States, if they meet the following requirements:
The start-up entity was created within the past five years in the United States
The start-up entity shows substantial potential for rapid growth and job creation
The alien entrepreneur possesses a substantial ownership interest in a start-up entity
The alien entrepreneur has a central and active role in the start-up entity, is “well-positioned” to substantially assist with the growth and success of the business.
The alien entrepreneur would provide a significant public benefit to the United States, through the showing of the following evidence:
The alien entrepreneur has obtained for the start-up entity a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
The start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state, or local government entities that regularly provide such awards or grants to start-up entities; or
Partially met the previous two requirements, and provide additional “reliable and compelling” evidence to show the start-up entity’s substantial potential for rapid growth and job creation.
Otherwise merit a favorable exercise of discretion.
IER parole may be granted for up to 3 entrepreneurs per start-up entity.How to Apply
Filing Form I-941, Application for Entrepreneur Rule with the USCIS Dallas Lockbox facility, with the required fees and supporting documentary evidence. The filing fee for Form I-941 is $1,200 and the biometric services fee is $85.
Foreign entrepreneur’s spouses and children (unmarried, minor child under 21 years of age) may also apply for parole to accompany or join the entrepreneur. A copy of a marriage certificate or birth certificate will be required for establishing relationship to the foreign entrepreneur. The dependent’s application may be filed concurrently with the foreign entrepreneur or it may be filed separately.
Foreign entrepreneur’s spouses may apply for work authorization once entering into the United States as parolees. But the entrepreneur’s children are not eligible to apply for employment authorization under this rule. Foreign entrepreneur’s spouses should apply for employment authorization after he or she is paroled into the United States, and with evidence of his or her parole status, such as your Form I-94, and evidence of the principal’s Form I-94 and the marriage certificate.
Call Law Office of Tricia Wang at 510-791-0232 or send us an email at firstname.lastname@example.org to schedule an initial consultation with our lawyer if you have any questions about applying for International Entrepreneur Parole or any related questions. We speak English, Mandarin Chinese, and Cantonese.
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