The U.S. Department of Homeland Security will implement a new International Entrepreneur Rule effective July 15, 2017 to attract foreign entrepreneurs through parole. The rule establishes criteria for granting parole to entrepreneurs of start-up entities that demonstrate potential for rapid growth and job creation. To be eligible, the business must be less than 5 years old, lawfully operating, and the entrepreneur must own at least 10% and play an active role. The initial period of parole is up to 2.5 years, and may be extended once for another 2.5 years. Spouses and children can also seek parole as derivatives. The rule aims to benefit the U.S. economy by attracting entrepreneurs while avoiding formal admission or status

1. The New Entrepreneur Parole Rule will be
Effective on July 15, 2017.
The U.S. Department of Homeland Security (“DHS”) released its FINAL International
Entrepreneur Rule, which amends regulations on DHS’ parole authority to enhance
entrepreneurship, innovation, and job creation in the U.S. The rule will be included in new
section 8 C.F.R. § 212.19 and it establishes criteria for the use of parole authority of the DHS
with respect to entrepreneurs of start-up entities who can demonstrate substantial potential for
rapid growth and job creation which would provide a significant public benefit to the United
States. The rule will become effective on July 17, 2017.
“Parole” allows an individual, who may be inadmissible or otherwise ineligible for admission to
the U.S., to be “paroled” for a temporary period. Parole is discretionary and such determinations
are made on a case-by-case basis. An individual paroled into the U.S. is NOT formally
“admitted” for purposes of immigration law. A “parolee” is not granted immigration status.
Parole normally ends on the date the parole period expires or when parolee departs the United
States or acquires an immigration status. Parole can be revoked at any time and without notice if
DHS determines that this form of classification is no longer warranted or the beneficiary fails to
comply with any of the conditions of parole.
The new parole classification for International Entrepreneurs may be a helpful way for the u.s. to
attract “players” that can add to our Nation’s economic infrastructure. The new Prole
classification provides that an alien may be considered for Entrepreneurial parole if:
• A U.S. business entity (a) was created within 5 years immediately preceding the filing date of
the foreign national’s parole request; and that the entity (b) has lawfully done business since its
formation, and that the entity (c) has potential for rapid growth and job creation.
• The foreign national either (a) possesses at least 10% ownership of the business entity at the
time of the parole application, and that the foreign national (b) has a central and active role in the
operations of that entity, such that the foreign national is well-situated, due to his or her
knowledge, skills, or experience, to substantially assist the entity with the growth and success of
its business.
• The business entity has either received, within 18 months immediately preceding the filing date
of the foreign national’s parole request: (a) a “qualified investment” amount of at least $250,000
from a “qualified investor,” or (b) at least $100,000 from one or more qualified government
awards or grants.
It appears from the regulations that more than 3 entrepreneurs may be granted parole based on
the same business entity. DHS will consider all of the submitted evidence to determine whether a
foreign national’s presence in the U.S. will provide a significant public benefit and whether or
not to exercise favorable discretion. If granted, the Entrepreneur Parolee shall receive
employment authorization limited to the business entity.

2. An Entrepreneur Parolee can apply for parole using Form I-941, Application for Entrepreneur
Parole (not yet available). DHS may grant an initial period of parole for a period of up to 2.5
years from the date the individual is paroled. DHS may re-parole an Entrepreneur Parolee for one
additional period of up to 2.5 years based on the same business entity, So long as the re-parole
request was filed prior to expiration of initial period of parole.
Spouses and children of the Entrepreneur Parolee can seek classification as derivatives and they
must individually file a Form I-131, Application for Travel Document, with evidence of the
qualifying familial relationship with the Entrepreneur Parolee and evidence meriting a grant of
parole with an appropriate exercise of discretion. The spouse and children will be granted parole
for same period granted to Entrepreneur Parolee. A spouse may also file a Form I-765,
Application for Employment Authorization to be able to lawfully work in the U.S.
A foreign national Entrepreneurial Parolee may be considered for re-parole if he/she
demonstrates that the first 2 criteria mentioned above are still met (though ownership of business
entity may have dwindled to 5%), and if he/she provides evidence that the business entity has
either: (1) Received, during the initial parole period, at least $500,000 in qualifying investments,
qualified government grants or awards, or a combination of such funding, or (2) Created, during
the initial parole period, at least 5 qualified jobs with the start-up entity, or (3) Reached, during
the initial parole period, at least $500,000 in annual revenue in the United States and 20 percent
in annual revenue growth.
As with other forms of Parole, there is no appeal from a denial of parole, and no motion to
reopen or reconsider a denial of parole will be considered by DHS. The Entrepreneur Parolee
must immediately notify DHS in writing if he or she will no longer be employed by the start-up
entity or ceases to possess a qualifying ownership stake in the business entity. DHS may then
terminate parole at any time, either automatically without notice, or with written notice. The
maximum period of parole based on the same business entity is five years. The investment and
revenue amounts are to be automatically adjusted every 3 years by the Consumer Price Index.
Entrepreneur Parolees are ineligible to adjust or change status in the U.S.
For more information, or to speak to one of the immigration and nationality lawyers or attorneys
at the Nachman, Phulwani Zimovcak (NPZ) Law Group, P.C., please feel free to e-mail us at
info@visaserve.com or to call us at 201-670-0006 (x107).