How can I qualify for re-parole under the International Entrepreneur Parole Rule?

As detailed here, the Department of Homeland Security announced in 2021, that it has relaunched the International Entrepreneur Parole Program, which permits foreign entrepreneurs to create and develop startup entities with high growth potential in the United States.

The Program permits applicants to remain in the United States for an initial period of up to 30 months. At the end of that period, qualifying entrepreneurs can apply for “re-parole” – an additional period of 30 months – permitting entrepreneurs a potential total of 60 months (5 years) of parole to develop their high-potential startup business.

In this post, we will discuss the requirements for re-parole and what evidence might be submitted in support of an application for re-parole.

In order to receive parole under the International Entrepreneur Parole Rule – either initial parole or re-parole – applicants must be a 1) qualifying entrepreneur that has an ownership stake in a 2) qualifying startup that has received a 3) qualifying investment. Applicants who cannot satisfy this third requirement – the qualifying investment requirement – can provide alternative evidence of their business’s substantial potential for rapid growth and job creation. We covered each of these requirements as they apply to initial parole here, along with examples of evidence an applicant might provide with their application to satisfy each.

When determining whether to approve an application for re-parole, the government will consider whether:

1. The business continues to operate;
2. The entrepreneur retains at least a 5% ownership interest and continues to play a central role in the business (recall that, to apply for initial parole, the entrepreneur must retain at least a 10% ownership interest); and
3. The business has achieved one of the following during the initial parole period:
   1. Created at least five full-time jobs with the start-up business during the initial parole period;
   2. Received at least $528,293* in qualifying investments, government grants, or awards (or a combination thereof) during the initial parole period; or
   3. Generated at least $528,293* in U.S. revenue and averaged 20 percent annual growth during the initial parole period.

* Please note that, per regulation, the applicable investment and revenue requirements are adjusted every three years. The figures contained in this guide are applicable starting in Fiscal Year 2022 (which began Oct. 1, 2021).

To satisfy the requirements for re-parole, the applicant should consider submitting the following documents, as applicable:

• Corporate and/or tax records showing the number of customers, revenue generated by the startup, and/or jobs created by the startup
• Evidence of the startup entity’s selection to reputable startup accelerators or incubators, its national impact, scope, or social impact, and any positive effects on its locality or region
• Evidence of additional investments or fundraising (e.g. through crowdfunding)
• Letters from government agencies, investors, or business associations with knowledge of the startup’s produce or services and/or the entrepreneur’s skills
• Press coverage showing the entrepreneur or startup has received significant attention
• Patent awards

For additional examples of evidence that can be submitted to show that the applicant is a qualifying entrepreneur, that the startup is a qualifying business, and that the startup has received a qualifying investment, see our earlier post on initial parole here – many of the same categories of evidence can be submitted in support of an application for re-parole.

Yes. As with initial parole, applicants who only partially satisfy the third criterion can satisfy the alternative criteria by providing additional evidence of the startup entity’s substantial potential for rapid growth and job creation.

As with initial parole , the evidence required under the alternative criteria must show that the startup has “substantial potential for rapid growth and job creation.” Evidence showing this can include, but is not limited to, the following:

• Documentation showing the applicant’s academic background, ability to advance the startup entity, or prior successful experience with operating a business and creating jobs
• Evidence of the startup entity’s selection to reputable startup accelerators or incubators, its national impact, scope, or social impact, and any positive effects on its locality or region
• Corporate and/or tax records showing the number of customers, revenue generated by the startup, and/or jobs created by the startup
• Evidence of additional investments or fundraising (e.g. through crowdfunding)
• Letters from government agencies, investors, or business associations with knowledge of the startup’s produce or services and/or the entrepreneur’s skills
• Press coverage showing the entrepreneur or startup has received significant attention
• Patent awards