USCIS Visa News – Eligibility rules for International Entrepreneurs in USA

July 2024

Every year, thousands of highly skilled and talented professionals from India look for options to start their own business in America and establish residency. Long green card delays have been frustrating for many. Applying for a visa under the international entrepreneurs of new start-up businesses may be an option to establish residency in America.

Here is information available on USCIS website that may provide opportunities under certain conditions.

Under the International Entrepreneur Rule (IER), the Department of Homeland Security (DHS) may use its authority to grant a period of authorized stay, on a case-by-case basis, to noncitizen entrepreneurs who show that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion. (This period of authorized stay is technically called “parole.”)



Under this rule, entrepreneurs granted parole will be eligible to work only for their start-up business. The spouse and children of the noncitizen entrepreneur may also be eligible for parole.

Threshold criteria and key elements of the International Entrepreneur Rule include:
» Entrepreneurs may be either living abroad or already in the United States.
» Start-up entities must have been formed in the United States within the past five years.
» Start-up entities must demonstrate substantial potential for rapid growth and job creation by showing at least $264,147 in qualified investments from qualifying investors, at least $105,659 in qualified government awards or grants, or alternative evidence.
» The spouse of the entrepreneur may apply for employment authorization after being paroled into the United States. (Children are not eligible for employment authorization.)
» The entrepreneur may be granted an initial parole period of up to 2½ years. If approved for re-parole, based on additional benchmarks in funding, job creation, or revenue described below, the entrepreneur may receive up to another 2½ years, for a maximum of 5 years. (At that point or earlier, there are other Options for Noncitizen Entrepreneurs to Work in the United States.)
» Up to 3 entrepreneurs per start-up can be eligible for parole under the International Entrepreneur Rule.

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Overview of the International Entrepreneur Rule (FAQs)

What level of ownership and role in the start-up entity is required?
You must have a substantial ownership (which we consider to be at least 10% at time of the initial application’s adjudication) in the start-up business and have a central and active role in its operations.

What are the requirements for the start-up entity?
The start-up must be a U.S. business entity that is lawfully conducting business in the United States and was formed within the 5 years immediately preceding the application for initial parole. It must also have substantial potential for rapid growth and job creation.

What type and level of funding are required to demonstrate that the start-up entity has the substantial potential for rapid growth and job creation?

You must be able to document that, within the past 18 months, the entity received the following funding:
» A qualified investment of at least the required amount from a qualifying investor (currently $264,147);
» A qualified award or grant of at least the required amount from a U.S. federal, state, or local government entity (currently $105,659); or
» Alternatively, if the start-up entity partially meets one or both above funding levels, you may submit additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.

While nothing precludes you from personally investing in the start-up entity or otherwise securing additional funding, only qualified investments from a qualifying investor count towards the minimum investment amount.

A qualified investor:
» Is an individual who is a U.S. citizen or lawful permanent resident of the United States, or an organization located in the United States and that operates through a legal entity organized under the laws of the United States or any state, that is majority owned and controlled, directly and indirectly, by U.S. citizens or lawful permanent residents of the United States;
» Regularly makes substantial investments in start-up entities that subsequently exhibit substantial growth in terms of revenue generation or job creation; and
» During the preceding 5 years:
» Made investments in start-up entities in exchange for equity, convertible debt or other security convertible into equity commonly used in financing transactions within their respective industries for a total in such 5-year period of no less than a certain investment amount (currently $633,952); and
» After such investment by such individual or organization, at least two such entities each created at least 5 qualified jobs or generated revenue of at least a certain amount (currently $528,293), with average annualized revenue growth of at least 20%.

A qualified investor is not:
» You or any of your immediate relatives;
» An organization in which you or your immediate relatives have a direct or indirect ownership interest;
» Permanently or temporarily enjoined from participating in the offer or sale of a security or in the provision of services as an investment adviser, broker, dealer, municipal securities dealer, government securities broker, government securities dealer, bank, transfer agent, or credit rating agency;
» Barred from association with any entity involved in the offer or sale of securities or provision of such services; or
» Otherwise found to have participated in the offer or sale of securities or provision of such services in violation of law.

A qualified investment means a purchase from a start-up entity of its equity, convertible debt, or other security convertible into its equity commonly used in financing transactions in such entity's industry.

Visit USCIS website for more information.