Startups and Foreign Entrepreneurs

The International Entrepreneur parole program, IE, is once again a viable option to enter the United States for entrepreneurs looking to establish or develop start-up entities with great growth potential in the United States. country.

Such a move is in perfect alignment with President Biden’s Executive Order 14012 aimed at restoring confidence in the US immigration system and enhancing integration and inclusion for New Americans. The Executive Order recognizes the strength and importance of immigrants in the American economy and seeks to ensure that the country’s domestic laws and policies promote the integration, inclusion and citizenship of these individuals, more specifically, the measure stipulates that the Secretary of the Department of Homeland Security (DHS) ) “identify any agency action that fails to promote access to the legal immigration system.”

The IE program, effective in July 2017, allowed the DHS to use its prerogative to grant parole to authorize a period of stay in the United States, determined on a case-by-case basis, for foreigners who demonstrated that their arrival would bring significant public benefit through its enterprise’s potential for accelerated growth and job creation. However, before the implementation of the program, DHS published a final decision to extend its term and then filed a request to revoke the rules that authorize it. At the time, in December 2017, an order from a federal court ordered USCIS to receive and process parole requests for foreign entrepreneurs pursuant to the final decision on its implementation. However, with the IE repeal proposal pending, a certain degree of uncertainty and insecurity hovered over the effectiveness of granting a parole through this program.

On May 11 of this year, the decision of the DHS to withdraw the request to revoke the IE program was published, giving start-up entrepreneurs security in the feasibility of relying on the program to come and develop their start-ups in the United States. Through IE, parole can be granted to up to three entrepreneurs per start-up, as well as to their families (spouse and children). Entrepreneurs who obtain parole will be eligible to work only in their start-ups; their spouses may apply for a work permit in the United States, but this benefit does not extend to their children.

To be eligible, entrepreneurs seeking parole must meet a series of requirements established by the USCIS and be able to document the same, in addition to demonstrating that they will bring a significant public benefit to the United States.

In the words of Ms. Tracy Renaund, USCIS Acting Director, “The International Entrepreneur Parole program is in line with the nation’s spirit of welcoming entrepreneurs and USCIS encourages those who are eligible to take advantage of the program.”

When considering immigration possibilities to the United States, consult an immigration attorney licensed in the country.

*This article is for informational purposes and does not constitute legal advice or advice.