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International Entrepreneur Rule: A Complete Guide

In this guide, we’ll break down the essentials of the IER, including how to qualify, the application process, and what to do if you’re already in the U.S. or planning to come here. We’ll also cover what happens if you need to extend your stay or adjust your status.

blog-authorDavid A. Keller, Esq.

Key takeaways

What is the International Entrepreneur Rule?

The International Entrepreneur Rule (IER) is a special progra...way for you to start living and working in the United States.

Here’s how it works: If you’ve started a business within the ...hat lets you and your family stay in the country temporarily.

The International Entrepreneur Rule is a great option for inn...to life in the U.S., but don’t qualify for traditional visas.

Subscribe to our newsletter for immigration resources and news-without the legal jargon.

International Entrepreneur Rule Eligibility Requirements

To qualify for the International Entrepreneur Rule (IER), you'll need to meet several key requirements:

Ownership Stake: You must own at least 10% of your startup wh... maintain at least a 5% ownership stake throughout your stay.

Recent Startup: Your business must have been founded within the last five years before you submit your application.

Significant U.S. Investment or Funding: Your startup needs to...ocal government entities in the U.S., you could also qualify.

Growth Potential: You'll need to demonstrate that your busine...plan, evidence of scaling quickly, or other signs of success.

Active Role: You must play a central and active role in your ...e day-to-day operations and overall direction of the company.

If you meet these requirements, you can apply for "parole" un...n to extend your stay for an additional two and a half years.

Evidence for International Entrepreneur Rule: Complete List of Documents

When you apply for the International Entrepreneur Rule (IER),...ubmit any other evidence that you believe supports your case.

Keep in mind: USCIS might also use open-source information to verify the evidence you provide.

Here’s a complete list of the key documents to prepare when applying under the International Entrepreneur Rule:

Key requirementList of documents as evidence
Proof of Ownership and Role
  • Articles of Incorporation or Bylaws : Demonstrate your ownership stake in the startup.
  • Equity Ledger or Certificates : Confirm your ownership percentage.
  • Employment Agreement or Offer Letter : Provide evidence of your central and active role in the company.
  • Letters from Founders or Key Personnel : Attest to your role, outlining your day-to-day responsibilities.
  • Company Organizational Chart : Highlight your position and responsibilities within the startup
Startup Formation and Activity
  • Company Registration Documents : Show that your business was founded within the last five years.
  • Articles of Incorporation or Formation : Demonstrate that your entity meets the startup definition under the IER.
  • Business Plan or Pitch Deck : Outline your company’s growth strategy, target market, and potential for rapid expansion.
  • Operating Agreements : Provide detailed information on the company’s structure and operations.
Evidence of U.S. Investment or Funding
  • Investment Agreements : Proof of at least $250,000 received f...lified U.S. investors (e.g., term sheets, signed agreements).
  • Bank Records or Wire Transfer Receipts : Verify that the investment funds were transferred to your startup.
  • Equity Purchase Agreements or Convertible Debt Documentation : Show the terms and structure of the investment.
  • Government Grant or Award Letters : If relying on public funding, include official documentation showing at least $100,000 in government grants.
Proof of Growth Potential
  • Financial Statements : Show current and projected revenue, expenses, and business viability.
  • Customer Contracts or Purchase Orders : Demonstrate business traction and demand for your product or service.
  • Letters of Support from Industry Experts : Provide third-party validation of your startup’s growth potential.
  • Market Research or Industry Reports : Support claims about the business environment and potential for scaling.
  • Participation in Accelerators or Incubators : Proof of acceptance into startup programs can indicate credibility and growth potential.
Demonstrating Your Qualifications
  • Resume or CV : Highlight relevant experience, skills, and accomplishments that qualify you as an entrepreneur.
  • Letters of Recommendation : Support your qualifications and experience in running a successful business.
  • News Articles or Media Coverage : Any recognition or attention your startup has received can bolster your credibility.
  • Patents or Intellectual Property Documentation : If your startup is based on a unique product or technology, include proof of patents or ownership of intellectual property.
  • Academic Degrees or Certifications : Relevant education credentials can help demonstrate your expertise and ability to contribute to the startup’s success.
Personal Identification and Immigration History
  • Passport Copy : Provide a valid copy of your passport’s biographical page.
  • Visa and Immigration Documentation : If you’ve been in the U.S. previously, include copies of past visas, entry stamps, or I-94 records.
  • Biometrics : Depending on the application, you may need to submit fingerprints or other biometric information.
Other Supporting Documents
  • Tax Returns: Both personal and business, if applicable, to show financial history.
  • Press Releases or Media Coverage: Any public recognition of your startup’s achievements or potential.
  • Documentation of Significant Government Awards or Grants: Not...cles proving your startup received substantial public funding.
  • Evidence of Jobs Created: Payroll records or other documents showing your startup has created jobs in the U.S.

How to Apply as an Entrepreneur

If you're an entrepreneur looking to apply for the Internatio...with filing Form I-941, Application for Entrepreneur Parole .

Here’s a breakdown of how to navigate the application process:

Step 1: File Form I-941

To get started, you'll need to complete and file Form I-941, which is the official application for entrepreneur parole.

Step 2: Gather and Include Your Documents

Alongside Form I-941, include any supporting documents that d...as received significant U.S. investment or government grants.

Step 3: Submit the Filing Fee

Along with the form, you’ll need to submit a filing fee of $1,200.

Step 4: Send Your Completed Form

You'll send your completed form and documents to the USCIS Dallas Lockbox facility.

If you’re using the U.S. Postal Service, the Form I-941 mailing address is:

USCIS

Attn: IER (PO Box 650890)

Dallas, TX 75265

For FedEx, UPS, or DHL deliveries, the Form I-941 mailing address is:

USCIS

Attn: IER (Box 650890)

2501 S. State Highway 121 Business, Suite 400

Lewisville, TX 75067

Form 941

How to Apply as Spouse or Child of an Entrepreneur

If your spouse or parent is applying for the International En... can also apply to join them through a process called parole.

Here's how you can apply:

Step 1: File Form I-131, Application for Travel Document

To request parole to accompany or join your entrepreneur fami...the same time as the entrepreneur's Form I-941 or separately.

The filing fee for each family member is $630 , and it’s impo...131 cannot be filed online—you must mail a paper application.

When filling out Form I-131, make sure to:

Step 2: Submit Required Documents

You’ll need to submit evidence that proves your relationship to the entrepreneur. This can include:

Step 3: Mail Your Application

Mail the completed Form I-131, filing fee, and supporting documents to the USCIS Dallas Lockbox address listed in the Form I-131 instructions.

Extending Your Stay with Re-Parole

If you’re approaching the end of your initial parole period, ...ou need to demonstrate why you still need to stay in the U.S.

To apply for re-parole, submit your application before your c..., educational achievements, or other community contributions.

After five years of parole and any re-parole periods, you hav...ecoming a lawful permanent resident if you meet the criteria.

Alternatively, you may explore other ways to secure long-term...ns and make sure you’re on track with all legal requirements.

Book a free consultation with Keller Law. Our team will ens...eligibility requirements and help you gather evidence needed.

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Processing time

International Entrepreneur Rule Processing Time

The processing time for IER applications can vary based on se...ns USCIS is handling and the completeness of your submission.

While the entire process can vary widely, it’s generally expe...u file your application to when you receive a final decision.

The initial processing and review for IER applications can ta...onths, depending on how many applications are ahead of yours.

If your application meets the initial eligibility requirement...ty of appointments and the time required for security checks.

After the conditional approval and any required steps are com...ase and any additional documentation that might be requested.

Using calculator

International Entrepreneur Rule Costs

The main cost is the filing fee for Form I-941, Application for Entrepreneur Parole, which is $1,200 .

If your spouse or unmarried children under 21 are applying to...on for Travel Document. The fee for each Form I-131 is $630 .

While hiring an immigration attorney isn’t required, it can b...gate the complexities of the International Entrepreneur Rule.

Book a free consultation to learn more.

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