The United States Citizenship and Immigration Services (USCIS) has announced updated guidance for the International Entrepreneur Rule (IER) to help noncitizen entrepreneurs establish and grow startups in America.
The revised guidelines, effective December 12 2024, clarified the documentation and evidence required for applicants under the IER, aiming to make the application process more transparent and accessible to entrepreneurs looking to contribute to the U.S. economy with innovative ideas and businesses.
According to USCIS, this updated rule aims to attract global talent, further job creation, and promote economic growth by providing a clear and efficient process for entrepreneurs seeking temporary residency in the United States.
“We are issuing updated policy guidance on the types of evidence that may support an application under the International Entrepreneur Rule. The guidance covers evidence of the applicant’s central and active role in the startup entity and of the applicant’s position to substantially help the entity grow and succeed.”
The recent updates focus on three main areas of the application process. First, the new guidance offers clearer instructions on how applicants can demonstrate their active and central role in their startup. It specifies the types of evidence that can prove the entrepreneur’s contributions to the growth and success of the business.
Second, the guidelines provide expanded criteria for evidence of financial support, including investments from U.S. investors or government grants. It also accepts alternative forms of evidence, such as letters of intent or revenue documentation, to help support the application.
Finally, the updated guidance highlights the importance of demonstrating that the startup will have a significant public benefit. This evidence is essential for applicants to qualify for parole, as it ensures their business contributes to the U.S. economy.
The guidance additionally includes further examples of evidence that can indicate qualified investments, as well as government awards or grants, along with alternative evidence that applicants might present. It also specifies the types of evidence that can illustrate a significant public benefit.
The IER allows foreign entrepreneurs to remain in the U.S. temporarily if their startup shows strong potential for growth and public benefit; the programme is intended to foster economic development by attracting foreign entrepreneurs to the U.S.
Entrepreneurs who are granted parole can work exclusively for their businesses, while their spouses are eligible to apply for work permits.
In addition to these updates, USCIS has modified portions of its Policy Manual to give clearer guidance on how to document the entrepreneur’s role, qualifications, and requirements for the startup entity.
These revisions aim to streamline the application process, helping entrepreneurs better understand how to satisfy the eligibility criteria and supply the required documentation.