United States | International Entrepreneur Rule guidance updated

U.S. Citizenship and Immigration Services provided updated guidance and a detailed FAQ on the International Entrepreneur Rule (IER).

Key Points:

• IER grants foreign national entrepreneurs who have a startup business and meet certain qualifications a period of stay, or parole, of up to 2½ years. The parole may be renewed for another 2½ years (for a maximum of 5 years) if additional benchmarks are met.
• IER applicants may be either living abroad or already in the United States.
• Up to three entrepreneurs per startup are eligible for IER.
• An approved entrepreneur’s spouse and children may be eligible for parole; spouses may also be eligible for employment authorization.
• USCIS stated that the agency is “actively working new applications with no backlog.”

Additional Information: The Obama administration issued IER in early 2017. The Trump administration then tried to rescind the measure after Trump took office, but a federal court ruled in favor of business groups that sought to keep the program. More information about IER is available here.

BAL Analysis: The updated guidance provided by USCIS clarifies the qualifications required for IER and is intended to encourage eligible individuals to apply for the program.

This alert has been provided by the BAL U.S. Practice Group.

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