International Entrepreneur Rule

International Entrepreneur Rule – Under the International Entrepreneur Rule (IER), the U.S. Department of Homeland Security (DHS) may grant temporary admission to qualifying foreign entrepreneurs who demonstrate 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.

Qualifying entrepreneurs granted admission are only eligible to work only for their start-up business. Up to three (3)  entrepreneurs per start-up entity may qualify.

How can I qualify for entry under the International Entrepreneur Rule (IER)?

In order to qualify for entry under the International Entrepreneur Rule (IER), you must be able to demonstrate the following:

  1. Possess a substantial ownership interest in a start-up entity created within the past five (5) years in the United States that has substantial potential for rapid growth and job creation.
  2. Have a central and active role in the start-up entity such that and are well-positioned to substantially assist with the growth and success of the business.
  3. Will provide a significant public benefit to the United States based in your role as an entrepreneur of the start-up entity by showing that:
    • The start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
    • The start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state, or local government entities that regularly provide such awards or grants to start-up entities; OR
    • You partially meet either or both of the previous two requirements and provide additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.
  4. Otherwise merit a favorable exercise of discretion.

How do I apply for entry under the International Entrepreneur Rule (IER)?

  • You must file Form I-941, Application for Entrepreneur Parole, with the required fees (including biometric services fees), along with evidence to support your qualifications.
  • After approval of your Form I-941 application, you must seek admission at a U.S. Consulate or a U.S. port of entry to obtain travel documentation. Canadians can seek entry with an approved  Form I-941 at a U.S. port of entry without first obtaining travel documentation.

If you have questions about whether or not you qualify to enter the United States under the  International Entrepreneur Rule (IER), we can help.

Call a U.S. Immigration Lawyer

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