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USCIS issues new guidance for entrepreneurs

On Behalf of | Mar 21, 2023 | Uncategorized

Entrepreneurship is part of the American dream for many, so, unsurprisingly, the U.S. government is always looking for ways to attract those who want to be the next Steve Jobs, Bill Gates, Sergey Brin, or Sundar Pichai. These men and others like them are the people who lead the way with innovation and rapid job creation.

The International Entrepreneurship Rule was published in 2017 and fully implemented in 2021 (as covered in this blog). It provides guidelines allowing the Department of Homeland Security to grant authorized periods of stay to non-citizen entrepreneurs with an ownership interest in a start-up entity. To qualify, they need to demonstrate that their stay in the United States would provide a significant public benefit through that start-up entity’s potential.

A shortlist of updates in the manual

The DHS announced on March 10 that it updated its guidance in the Policy Manual. This includes information about:

  • The criteria for applicants, start-ups, investors and government awards and grants
  • Evidence and documentation applicants need
  • The conditions and discretion involved in entrepreneur parole adjudication.
  • The basis for its termination
  • The basis for its extension
  • Options for family members who wish to come with the entrepreneur

Entrepreneurship does not officially fall under the purview of immigration law and visas. Instead, entrepreneurs are paroled into the U.S. and may still be authorized to work on a case-by-case basis at their start-ups.

If you have more questions regarding entrepreneurial parole, please feel free to contact our office for a free case evaluation.