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International Entrepreneur Rule Questions and Answers – Part 2

A bunch of questions

The International Entrepreneur Rule was recently restarted in the U.S.  This visa option gives entrepreneurs the ability to come to the U.S. for up to 5 years if they meet certain conditions.

You can find out more about the specific International Entrepreneur Rule requirements by clicking here.

To receive this immigration benefit, the applicant would have to demonstrate that the entrepreneur and the business would provide a significant public benefit to the United States and that the business has significant potential for rapid growth and job creation.

This series of posts (Post 1 and Post 2) focuses on the top 15 questions and answers associated with the International Entrepreneur Rule.  You can see post 1 by clicking here.

6. Can I travel using the International Entrepreneur Rule?

The approval allows you to enter the U.S. once in parole status. Once in the U.S., you can apply for something called advance parole. Once this is granted (usually 5-7 months) you can travel using this advance parole card.

7. How are family members treated on the International Entrepreneur Rule?

Spouse and children under 21 can join the primary applicant in the U.S.  Both spouse and children can go to school and the Spouse can work if he/she submits a petition for work authorization.

8. Does the Entrepreneur have to personally invest?

No.  The entrepreneur does not have to invest their own money.

9. Can I apply for the International Entrepreneur program with an existing business?

To apply for this program, the business must have been recently formed.  This is defined as formed within the last 5 years.

10. Can the entity be formed outside of the U.S?

No. The entity must be a U.S. entity.

11. Does the entity have to be a particular type of entity?

No.  The entity can be an LLC, Corporation, Partnership or other entity as long as it is legally formed in the U.S.

12. What is needed for the renewal after the first 30 months?

To renew the Parole status for an additional 30 months, the entrepreneur must meet the following conditions:

  • The business is still a start-up entity as defined above (created within the last 5 years)
  • The applicant is still well positioned to advance the business
    • Continues to own at least 5%
    • Continues to have an active role
  • Entity still has potential for rapid grown and job creation (several ways to satisfy this including:)
    • Additional investment or grants ($500,000) during the initial parole period
    • Revenue generation (at least $500,000 with average annualized revenue growth of at least 20 percent during the initial parole period)
    • Job creation – created 5 full-time jobs during the initial parole period.
    • Alternate Criteria

13. Does the International Entrepreneur Rule Lead to a Green Card?

No.  This program permits for temporary status in the U.S. up to a maximum of 5 years.  To stay longer in the U.S., you would have to find an alternate visa status.

14. What visa options are available to someone after the Parole period ends?

The following visas could be considered if the applicant meets the criteria (click on visa links below to find about more about each visa:

You can find out more about the different visa options available by clicking here.

15. Can I adjust or change status in the U.S? (For example, if I am eligible for a National Interest Waiver, could I adjust status in the U.S.)

No.  Because parole is not considered an admission to the U.S., parolees cannot adjust or change their status in the U.S.  As such, if the applicant was available for another immigration benefit, (eg. EB-2, National Interest Waiver), they would have to obtain this at a Consulate.

You can see the questions in the answer of this first series by clicking here. 

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