In the competitive global race for entrepreneurial talent, the U.S. Department of Homeland Security (DHS) has implemented the International Entrepreneur Rule (IER), a program designed to attract and support innovative founders from around the world. This initiative underscores the United States’ commitment to maintaining its leadership in the global startup ecosystem by offering international entrepreneurs a unique opportunity to build and grow their businesses in the U.S.
First introduced in 2017 and fully implemented in 2021, the IER provides a pathway for qualifying entrepreneurs to live and work in the U.S. through a parole mechanism. As of October 1, 2024, the program’s financial and revenue requirements have been raised to reflect inflation, enhancing its relevance in today’s economic landscape. With the increasing global demand for top-tier talent, the U.S. may continue to refine this program to attract more high-potential entrepreneurs.
If you are interested in the International Entrepreneur Rule (IER), please contact our Senior Immigration Counsel, Anna Sun, at contact@consultils.com.
Key Advantages of the IER
Wide Applicability: The IER benefits entrepreneurs across industries and geographies, supporting ventures not only in Silicon Valley but also in emerging innovation hubs throughout the U.S.
Limited Competition: Although the program is estimated to attract up to 3,000 entrepreneurs annually, only 94 applications have been filed since 2021, making it a relatively underutilized opportunity.
Streamlined Process: The application bypasses traditional visa procedures and is reviewed directly by DHS, ensuring a more straightforward pathway.
Generous Duration: Entrepreneurs are granted an initial 30-month (2.5-year) parole period, with the option to extend for another 30 months, totaling up to five years.
Family Support: Spouses can apply for work authorization, and children under 21 can legally reside in the U.S.
Gateway to Green Cards: While the IER itself does not lead directly to permanent residency, it offers entrepreneurs a legal framework to establish their business and potentially pursue other immigration pathways for green card eligibility.
IER Eligibility Requirements
To qualify for an initial IER application, entrepreneurs must meet all of the following key criteria:
Startup Establishment: The applicant must have founded a U.S.-based startup within the last five years.
Ownership and Leadership: The applicant must own at least 10% of the company and play a significant and active role in its day-to-day operations.
Financial Benchmarks: The startup must satisfy at least one of the following conditions:
Secure a minimum of $311,071 in investments from qualified U.S. investors.
Receive at least $124,429 in U.S. government grants or awards.
Present compelling evidence of the company’s potential for rapid growth and job creation, such as strong market demand or innovative solutions.
IER Renewal Requirements
Entrepreneurs seeking to extend their stay must demonstrate that their startup has achieved significant progress during the initial parole period by meeting at least one of the following criteria:
Increased Investment: Obtain at least $622,142 in funding from qualified investors, government grants, or a combination of both.
Job Creation: Create at least five full-time jobs for U.S. citizens or lawful residents, with each position sustained for at least one year.
Revenue Growth: Achieve annual revenues of $622,142 or more, with an average annual growth rate of at least 20%.
For applicants who may not fully meet these thresholds, alternative evidence, such as substantial user acquisition, successful market expansion, or demonstrable social impact, can be submitted to illustrate the startup’s potential for sustained growth and contribution.
Conclusion
Immigrant entrepreneurs are integral to driving innovation and economic growth in the U.S., and the IER provides a critical bridge to help them succeed. If you’re ready to take the next step in building your entrepreneurial journey in the United States, our experienced legal team is here to guide you.
Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.
Anna is the Senior Immigration Counsel at ILS with over a decade of experience in business immigration, transactions, and foreign investment. She provides comprehensive guidance on U.S. business immigration, assisting global employers in recruiting and retaining foreign executives and skilled professionals. Anna specializes in H, L, E2, TN, O, EB1, and PERM cases, serving clients in technology, biotech, telecommunications, entertainment, animation, education, and logistics.
Email: contact@consultils.com| Phone: 626-344-8949
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