How the International Entrepreneur Rule Can Help You Start in the U.S.

If you're a startup founder who has raised capital from U.S. investors but lacks a traditional visa pathway, the International Entrepreneur Rule (IER) may offer a solution. This parole program allows foreign entrepreneurs to live and work in the United States for up to five years while building their companies, without requiring employer sponsorship or an existing visa like the H-1B or O-1A.

The IER is not a visa. It grants parole on a case-by-case basis to entrepreneurs whose startups demonstrate significant public benefit through job creation, revenue growth, or investment from qualified U.S. investors. If your company has secured venture capital, angel investment, or government grants, you may qualify.

This guide covers eligibility requirements, funding thresholds, the application process, family options, re-parole criteria, and how the IER compares to other entrepreneur pathways like the E-2 and EB-5.

What is the International Entrepreneur Rule?

The IER allows the Department of Homeland Security (DHS) to grant parole to foreign entrepreneurs on a case-by-case basis when their startup demonstrates significant public benefit. Finalized in January 2017 under the Obama administration, delayed under the Trump administration, and implemented under the Biden administration, the program accepts applications from founders worldwide.

Parole under the IER is not a visa category. It grants a temporary period of authorized stay at USCIS discretion, allowing you to work for your approved startup entity in the United States. The maximum stay is five years: an initial parole period of up to 2.5 years, followed by re-parole for an additional 2.5 years if your startup meets growth requirements. Up to three entrepreneurs from the same startup entity can qualify.

Important distinction: Parole is not formal admission. Generally, you cannot adjust status from parole, and most transitions require departing the U.S. and re-entering under a different status. To transition, you must depart and re-enter through the appropriate pathway.

With these concepts in mind, let's examine eligibility requirements.

Eligibility requirements

Meeting the IER criteria allows foreign entrepreneurs to demonstrate both their qualifications as founders and their startup's potential for rapid growth and job creation.

Entrepreneur requirements

To qualify, you must hold at least 10% ownership interest in the startup at the time of your initial application (this drops to 5% for re-parole). You must also play a central and active role in the company's operations, not simply serve as a passive investor. You can apply from inside or outside the United States, though applicants in the U.S. must still depart and re-enter to activate parole.

Startup requirements

Your U.S. business entity must be lawfully conducting business and formed within five years of your application date. The startup must show substantial potential for rapid growth and job creation in the United States.

Funding thresholds

Your startup entity must meet one of the following investment thresholds (effective October 1, 2024):

Note: adjusted periodically for inflation; check current USCIS guidance

Qualified investor requirements

The investors providing your qualified investments must meet specific criteria:

• U.S. citizen, lawful permanent resident, or U.S.-based organization
• Made at least $746,571 in investments in startup entities over the past five years
• At least two of those startup entities created five or more qualified jobs or generated $622,142 or more in annual revenue

If you partially meet the investment thresholds, you can submit alternative evidence demonstrating your startup's potential for rapid growth and job creation. USCIS evaluates this evidence on a case-by-case basis. Once you confirm eligibility, the next step is filing your application.

The application process

The IER application process involves Form I-941 and careful documentation of your startup business's potential for significant public benefit.

Step 1: Gather documentation

Before filing, assemble comprehensive evidence including:

• Business formation documents (articles of incorporation, bylaws)
• Proof of your ownership stake (equity documents, cap table)
• Investment documentation (term sheets, wire transfers, bank statements)
• Evidence of investor qualifications (track record documentation)
• A detailed business plan showing growth potential and job creation projections

Step 2: File Form I-941

Submit Form I-941 (Application for Entrepreneur Parole) to the USCIS Dallas Lockbox. The filing fee is $1,200 plus an $85 biometrics fee.

Step 3: Biometrics appointment

All applicants must complete biometrics (fingerprints and photographs). If you're in the U.S., USCIS schedules you at an Application Support Center, usually within a few weeks of filing. If you're abroad, you complete biometrics through U.S. consular or designated biometrics facilities abroad, which may take longer to schedule. Bring your biometrics appointment notice and valid identification.

Step 4: USCIS decision

USCIS reviews your application and may issue a Request for Evidence (RFE) if documentation is incomplete. If approved while abroad, you receive conditional approval and must obtain a travel document (boarding foil) from your local U.S. consulate before traveling. If approved while in the U.S. on another status, you receive a travel document and must depart and re-enter at a port of entry to activate your parole status. Canadian nationals can present their approval directly at a U.S. port of entry without a boarding foil. If denied, most applicants reapply with stronger evidence.

After filing, the waiting period begins.

Processing time and timeline

Understanding how long the IER process takes helps you plan your move to the United States and set realistic expectations for your startup timeline.

USCIS does not publish specific processing times for Form I-941. Based on available information, processing times are not officially published and vary widely by cases. Cases requiring additional evidence or international biometrics take longer. Several factors affect your timeline: the completeness of your application, whether USCIS issues a Request for Evidence, the quality and reliability of your investor credentials, and your location for biometrics collection.

Applicants outside the United States often experience longer wait times because biometrics must be scheduled at a U.S. embassy or consulate. Submitting thorough documentation from the start reduces the likelihood of RFEs and improves processing speed. Strong applications include clear evidence of investor qualifications, detailed cap tables, and comprehensive business plans showing job creation potential.

Once approved, you and your family can begin planning your entry into the United States.

Family members and dependents

The IER allows you to bring immediate family members to the United States, which is an important consideration for entrepreneurs relocating their lives to build a business.

Your spouse and unmarried children under 21 can accompany you by filing Form I-131 (Application for Travel Document) either with your I-941 or after your approval. Each family member must provide proof of relationship, such as marriage certificates or birth certificates, and complete biometrics.

Regarding work authorization: your spouse can apply for an Employment Authorization Document (EAD) using Form I-765 after being paroled into the U.S. This allows your spouse to work for any employer without restriction. Children are not eligible for employment authorization but can attend school at any level. As the entrepreneur, you are authorized to work for your startup incident to parole status and do not need a separate EAD.

After your initial parole period, you may be eligible to extend your stay through re-parole.

Re-parole requirements

Your initial parole period lasts up to 2.5 years. To remain in the United States and continue building your startup, you must apply for re-parole before your initial period expires.

Re-parole extends your authorized stay for an additional 2.5 years, bringing your maximum total stay to five years. The ownership and role requirements adjust slightly: your ownership stake can drop to 5% (from the initial 10% requirement), but you must continue playing a central and active role in operations.

To qualify for re-parole, your startup must meet at least one of the following criteria

• Additional $500,000 or more in qualified investments since initial parole
• Creation of at least five qualified jobs for U.S. workers
• Annual revenue of at least $622,142 with 20% or more annualized growth
• Partial satisfaction with compelling alternative evidence

USCIS evaluates re-parole applications to confirm your startup continues to provide significant public benefit to the U.S. economy. Because the IER does not lead directly to permanent residence, you should use this time to explore green card pathways.

Path to green card

Many entrepreneurs want to know whether the IER can lead to permanent residence. Understanding this limitation helps you plan your long-term immigration strategy.

The IER does not directly lead to a green card. Because parole is not formal admission, you cannot adjust status while in parole status. To pursue a green card, in most cases, you will need to depart the U.S. and obtain an immigrant visa abroad or transition to another status first.

Potential pathways after IER

• EB-1A: If you demonstrate extraordinary ability through sustained acclaim
• EB-2 NIW: If your work benefits the national interest
• O-1A: Temporary visa for extraordinary ability, which can lead to EB-1A
• EB-5: Personal investment of $800,000+ in a Targeted Employment Area
• Employment-based sponsorship: Traditional green card categories through another employer

Use your IER time to build credentials. Document achievements, awards, and milestones to support a potential O-1 to green card transition. If the IER does not fit your situation, other pathways may work better.

IER vs. other entrepreneur options

The IER is one of several pathways for foreign entrepreneurs and startup entities. Knowing the differences helps you choose the right option.

The IER works best for entrepreneurs who have secured investment from qualified U.S. venture capital or angel investors. For more options, see USCIS entrepreneur pathways. The E-2 visa requires treaty country nationality and personal investment. The O-1A requires extraordinary ability but no investment. The EB-5 provides a direct green card but requires substantial personal capital.

Before applying, review the latest program changes that may affect your application.

Recent updates and changes

The IER program continues to evolve. DHS and USCIS have made several updates that affect current and prospective applicants, including threshold increases and new evidence guidance.

October 2024 threshold increases

Investment and revenue thresholds adjust every three years based on the Consumer Price Index for All Urban Consumers (CPI-U). The October 2024 update increased the qualified investment threshold from $264,147 to $311,071, the government grant threshold from $105,659 to $124,429, the re-parole revenue threshold from $528,293 to $622,142, and the qualified investor threshold from $633,952 to $746,571.

December 2024 evidence guidance

USCIS issued updated guidance clarifying acceptable evidence for IER applications. The guidance expanded examples of alternative evidence, detailed requirements for investor term sheets, and provided clearer standards for proof of funding transfers. These updates help applicants who partially meet thresholds by clarifying what alternative evidence USCIS will accept.

October 2024 Policy Manual updates

USCIS also updated the Policy Manual to clarify qualified investor criteria and add examples of compelling alternative evidence. These changes make it easier for applicants to understand what documentation USCIS expects.

Choosing the right support partner

The IER requires coordinating discretionary USCIS review, meeting precise funding thresholds, and building a compelling case for your startup's public benefit. Documentation of investor qualifications and growth potential must meet strict evidentiary standards.

Lighthouse helps entrepreneurs navigate U.S. immigration through eligibility diagnostics to identify the best pathway for your situation, expert guidance on evidence requirements and documentation, and comprehensive legal review to strengthen your application. Our platform combines experienced case managers with technology built for immigration workflows. This approach helps your case present the strongest possible profile.

Start your immigration evaluation today.

Frequently asked questions

How does someone get a green card from investing $800,000 in the U.S.?

The EB-5 Immigrant Investor Program provides a direct path to a green card for those investing $800,000 in a Targeted Employment Area (TEA) or $1,050,000 elsewhere, provided the investment creates at least 10 full-time jobs. This is separate from the IER, which requires outside investment and does not lead directly to a green card.

Does the U.S. government give immigrants money to start a business?

No. The IER allows entrepreneurs to qualify by receiving at least $124,429 in government grants or awards for their existing startup. These are competitive awards for business activities, not startup grants for immigrants.

Can I get a green card if I have $1 million dollars?

Yes, through EB-5. You would invest $1,050,000 (or $800,000 in a TEA) and create 10 jobs. The IER does not require personal investment but also does not provide a green card.

How fast is IER approval?

USCIS does not publish specific processing times. Initial review typically takes three to six months, though cases requiring additional evidence take longer.

Can I get permanent residence in the U.S. if I buy a house?

No. The EB-5 program requires investment in a commercial enterprise that creates jobs. Buying a house does not qualify.

Does it cost $20,000 to become a U.S. citizen?

No. USCIS naturalization fees are approximately $760. The IER filing fee is $1,285 (subject to change). EB-5 involves substantial investment plus legal fees.