Green Card Holders Watch Out! Don’t Make This Mistake

If you are someone who is an entrepreneur, and your business start-up is less than 5 years old, you may be eligible for the International Entrepreneur Parole Program, which will allow you to live and work in the United States for your company.  More details about what the program entails, its benefits, and its requirements are explained in detail below.

What is the International Entrepreneur Parole Program?

The International Entrepreneur Parole Program is a special rule that allows the Department of Homeland Security to use its parole authority to grant a period of authorized stay to foreign entrepreneurs, on a case-by-case basis, who demonstrate that their status in the US would provide a significant public benefit. A key detail to note about this program is that is it not a visa. Rather, it is a special parole authority to grant a period of authorized stay.

Through this program, an entrepreneur who satisfies the requirements can come to the US and be eligible to work for their start-up business in the US. Additionally, the spouse and children of the entrepreneur can also get parole to come to the US and the spouse can apply for work authorization.

What are the benefits of the International Entrepreneur Parole Program?

One benefit of the program is that it is another option, aside from the E2 visa or the L1 visa, for foreign entrepreneurs to be able to come to the US to work for their own business.

A notable benefit of this program is that it doesn’t require an investment from the entrepreneur as the E2 visa does.

Additionally, the program, as discussed above, allows the entrepreneur’s spouse to apply for and get work authorization to work in the US.

The program also allows the children of the entrepreneur to attend school in the US.

Additionally, the program parole is granted for a period of 2.5 years and can be renewed for another 2.5 years, giving the entrepreneur up to 5 years of stay in the US.

Last but not least, the program allows up to 3 entrepreneurs to come to the US for the same start-up company. It is not just limited to 1 entrepreneur per company.

What are the requirements of the International Entrepreneur Parole Program?

The first requirement to take note of for this program is that the entrepreneur seeking to qualify must own at least 10% of the business.

Additionally, the entrepreneur must have an active role in the operations of the business. This means the applicant cannot be a passive investor of the start-up.

As mentioned above, to be eligible for this program, the entrepreneur’s start-up company must have been formed within the last 5 years.

One of the more confusing requirements of the program is that the start-up must have “substantial and demonstrated potential for rapid business growth and job creation.” Because this can be difficult to prove, I have outlined below a few ways this can be shown:

• One way is to show significant investment from qualified US investors who have an established track record;
• You could also show significant awards or grants from federal, state, or local government agencies; or
• You can show that you partially meet either or both of the previous requirements and can show other “reliable and compelling evidence,” such as being admitted to a competitive start-up accelerator.

How can I apply to the International Entrepreneur Parole Program?

The first step to take if you want to apply for this program is by filing the Form I-941, Application for Entrepreneur Parole, with USCIS.

Then, once the Form I-941 is approved, the next step is to visit a US consulate abroad to obtain a travel document. NOTE: Canadians do not have to go to a consulate to get a travel document, they can go directly to a US port of entry with their approved I-941.

Lastly, after the travel document is approved, you will appear at a US port of entry for your final parole determination.

How can I renew your stay under the International Entrepreneur Parole Program?

If you are in the US on the International Entrepreneur Parole Program, you can apply for an extension of up to 2.5 more years to grow the company, so long as the start-up continues to provide a “significant public benefit,” evidenced by substantial increases in capital investment, revenue, or job creation.

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My name is Michael Ashoori and I’m a U.S. immigration lawyer and the founder of Ashoori Law. As an immigration lawyer, I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.  If you have any questions about the International Entrepreneur Parole Program or any other immigration-related questions, feel free to schedule a free consultation by clicking this link.