Employment-based immigration

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.

By:

Chelsea Spinos

Chelsea Spinos is a contributing writer for Manifest Law. She covers all topics related to U.S. visas and green cards. She is passionate about helping people navigate their immigration journey with clarity and confidence.

Reviewer:

Simon Craven, Esq.

Simon Craven is an immigration attorney with 12+ years of experience working on thousands of successful immigration cases. Simon is passionate about US immigration and helping people.

9 min read • Aug 05, 2024

Key takeaways

To qualify for the International Entrepreneur Rule, entrepreneurs must own at least 10% of a startup founded within the last five years, secure significant U.S. investment or funding, demonstrate growth potential, and play an active role in the company.

Applicants must file Form I-941 with supporting documents and a $1,200 fee.

Spouses and unmarried children under 21 can apply to join the entrepreneur by filing Form I-131 with a $630 fee per family member.

Initial parole lasts up to 30 months, with the possibility of a 30-month extension. After five years, entrepreneurs may explore options for adjustment of status or other long-term residency paths.

Our experienced immigration attorneys at Manifest Law can help you navigate the complexities of the International Entrepreneur Rule application process, ensuring a smoother and potentially more successful outcome.

If you’re an entrepreneur with a vision for a successful startup and looking to expand your business in the U.S., the International Entrepreneur Rule (IER) could be for you. The International Entrepreneur Rule allows foreign entrepreneurs with promising startups to stay and work in the U.S. for up to five years, offering a flexible path to build your company and contribute to the U.S. economy.

Man standing with arms crossed with US flag in background

What is the International Entrepreneur Rule?

The International Entrepreneur Rule (IER) is a special program in the U.S. designed to attract talented entrepreneurs from around the world. If you’re a foreign entrepreneur with a startup that has big potential for growth and job creation, this rule might be a viable 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 last five years, and your company has received significant investment from U.S. investors or government grants, you could be eligible to stay in the U.S. for up to five years. During this time, you can focus on building your business and creating jobs for Americans. This isn’t a visa, but rather a special permission known as "parole" that lets you and your family stay in the country temporarily.

The International Entrepreneur Rule is a great option for innovators who want to bring their ideas to life in the U.S., but don’t qualify for traditional visas.

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 when you apply and 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 have secured at least $250,000 from qualified U.S. investors, like venture capital firms or angel investors. Alternatively, if you've received at least $100,000 in grants or awards from federal, state, or local government entities in the U.S., you could also qualify.

Growth Potential: You'll need to demonstrate that your business has significant potential for rapid growth, job creation, and a positive impact on the U.S. economy. This might include having a strong business plan, evidence of scaling quickly, or other signs of success.

Active Role: You must play a central and active role in your startup, meaning you should be deeply involved in the day-to-day operations and overall direction of the company.

If you meet these requirements, you can apply for "parole" under the IER, allowing you to live and work in the U.S. for up to two and a half years, with the option 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), USCIS will carefully evaluate all the evidence you submit. They’ll look at the credibility, relevance, and overall value of your documents to determine if you meet the necessary criteria and if your application should be approved. In addition to the specific documents listed below, you’re allowed to submit 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 requirement

Proof of Ownership and Role

Startup Formation and Activity

Evidence of U.S. Investment or Funding

Proof of Growth Potential

Demonstrating Your Qualifications

Personal Identification and Immigration History

Other Supporting Documents

List of documents as evidence

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

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.

Investment Agreements: Proof of at least $250,000 received from qualified U.S. investors (e.g., term sheets, signed agreements).

Bank Records or Wire Transfers: Evidence of the funds received.
Equity Purchase Agreements or Convertible Debt Agreements: Demonstrate the nature of the investment.
Grant or Award Letters: If applicable, include proof of at least $100,000 in grants or awards from U.S. government entities.

Financial Statements: Include balance sheets, income statements, and cash flow statements to show financial health and growth.

Customer Contracts or Purchase Orders: Provide evidence of significant business activities or sales.
Letters of Support or Endorsements: From investors, business partners, or industry experts validating your company’s potential.
Market Research or Industry Reports: Provide data supporting your business’s potential for growth in the U.S. market.
Participation in Accelerators: Evidence that your startup was invited to or participated in reputable startup accelerators.

Resume or Curriculum Vitae (CV): Highlight your experience, skills, and achievements relevant to the startup.

Letters of Recommendation: From government agencies, investors, or business associations familiar with your work and expertise.
News Articles or Media Coverage: Any recognition or significant attention your startup has received.
Patents or Intellectual Property Documentation: Showcasing your contributions to the company’s innovation.
Academic Degrees or Certifications: Evidence of your knowledge and skills that would advance the startup’s business.

Passport: A copy of the identification page.

Visa and Immigration Documentation: If you’ve previously been in the U.S., include copies of any visas, I-94 records, or other relevant documents.
Biometrics: Depending on the application, you may need to submit fingerprints or other biometric information.

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: Notices or articles 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.

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Remember, demonstrating your central role, qualifications, and your startup’s potential for growth is crucial to making a strong case. Make sure your documents are well-organized, clearly labeled, and presented in a logical order. If any documents are in a language other than English, include certified translations.

Not sure if you’re eligible for IER?

Book a free consultation with Manifest Law. Our team will ensure you meet the eligibility requirements and help you gather evidence needed.

Take free visa quiz

How to Apply as an Entrepreneur

If you're an entrepreneur looking to apply for the International Entrepreneur Rule (IER), the process involves several important steps, starting 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 demonstrate your eligibility. These documents could include proof of your ownership stake, evidence of your central role in the startup, and records showing that your startup has 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

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

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

What happens after filing Form I-941?

Filing Form I-941 is just the first step. If your application is conditionally approved, the next steps depend on where you are.

If You’re Outside the U.S.: You’ll need to visit a U.S. embassy or consulate to complete the parole processing. This involves obtaining travel documentation, such as a boarding foil, which you’ll use to enter the United States. After arriving at a U.S. port of entry, a final determination will be made on your parole.

If You’re Inside the U.S.: You’ll receive your travel documentation by mail at the U.S. address listed on your application. However, you’ll need to leave the country and then return to a U.S. port of entry using this documentation for the final parole determination. An exception applies to Canadian nationals traveling directly from Canada, who can present their approved Form I-941 at the U.S. port of entry without needing additional travel documentation.

Filing Form I-941 is just the first step. If your application is conditionally approved, the next steps depend on where you are.

What happens after approval of Form I-941?

If your Form I-941 is approved and you’re granted parole, you are automatically authorized to work for your startup in the U.S. — there’s no need to file for separate work authorization.

Similarly, you don’t need to file Form I-131 for travel documentation — USCIS will guide you on how to obtain your travel documents based on your situation.

If your Form I-941 is approved and you’re granted parole, you are automatically authorized to work for your startup in the U.S. — there’s no need to file for separate work authorization.

Similarly, you don’t need to file Form I-131 for travel documentation — USCIS will guide you on how to obtain your travel documents based on your situation.

How to Apply as Spouse or Child of an Entrepreneur

If your spouse or parent is applying for the International Entrepreneur Rule (IER) to establish a startup in the United States, you, as their spouse or child (unmarried minors under 21), 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 family member, you'll need to complete and file Form I-131, Application for Travel Document. This form can be filed at the same time as the entrepreneur's Form I-941 or separately.

The filing fee for each family member is $630, and it’s important to note that Form I-131 cannot be filed online—you must mail a paper application.

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

Write “IER” in the margin of Part 2, Application Type.
If filing after the entrepreneur’s Form I-941, include the receipt number from their application in Part 3, Processing Information.
Specify where you want to receive your travel document by checking the appropriate box in Part 2, Item 1 and completing the corresponding sections in Part 3.

Step 2: Submit Required Documents

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

A copy of your marriage certificate (for spouses) or birth certificate (for children).
If the entrepreneur’s Form I-941 has already been filed, include documentation showing it’s pending, approved, or that they’ve been paroled into the U.S. This could be a Form I-797, Notice of Action, a Form I-512L, Authorization for Parole, or a Form I-94, Arrival-Departure Record.

Step 3: Send Your Completed Form

Your completed Form I-131, along with all required documentation and the filing fee, should be sent to the USCIS Dallas Lockbox facility. Here’s where to send it:

If you’re using the U.S. Postal Service, the Form I-131 mailing address is:

USCIS

Attn: IER (PO Box 650890)

Dallas, TX 75265

For FedEx, UPS, or DHL deliveries, the Form I-131 mailing address is:

USCIS

Attn: IER (Box 650890)

2501 S. State Highway 121 Business

Suite 400

Lewisville, TX 75067

Here's how you can apply:

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

The filing fee for each family member is $630, and it’s important to note that Form I-131 cannot be filed online—you must mail a paper application.

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

Write “IER” in the margin of Part 2, Application Type.
If filing after the entrepreneur’s Form I-941, include the receipt number from their application in Part 3, Processing Information.
Specify where you want to receive your travel document by checking the appropriate box in Part 2, Item 1 and completing the corresponding sections in Part 3.

Step 2: Submit Required Documents

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

A copy of your marriage certificate (for spouses) or birth certificate (for children).
If the entrepreneur’s Form I-941 has already been filed, include documentation showing it’s pending, approved, or that they’ve been paroled into the U.S. This could be a Form I-797, Notice of Action, a Form I-512L, Authorization for Parole, or a Form I-94, Arrival-Departure Record.

Step 3: Send Your Completed Form

Your completed Form I-131, along with all required documentation and the filing fee, should be sent to the USCIS Dallas Lockbox facility. Here’s where to send it:

If you’re using the U.S. Postal Service, the Form I-131 mailing address is:

USCIS

Attn: IER (PO Box 650890)

Dallas, TX 75265

For FedEx, UPS, or DHL deliveries, the Form I-131 mailing address is:

USCIS

Attn: IER (Box 650890)

2501 S. State Highway 121 Business

Suite 400

Lewisville, TX 75067

What happens after Form I-131 is approved?

Once your Form I-131 is approved, you’ll receive a travel document that allows you to enter the United States. If you’re requesting the document to be sent to a U.S. mailing address, make sure that address is accurate and complete, including any apartment or suite numbers. This document, called the I-512L Advance Parole document, is secure and will only be sent to the U.S. address you provided.

If you prefer to receive your travel document through a U.S. embassy or consulate, provide your phone number and email address so they can contact you to schedule any necessary appointments.

Extending Your Stay with Re-Parole

If you’re approaching the end of your initial parole period, which lasts up to 2½ years, you’ll need to take steps to extend your stay. To do this, you must apply for re-parole. To be eligible, you should show that you’ve followed all the rules of your current parole, such as staying out of trouble and meeting any community service requirements. Additionally, you need to demonstrate why you still need to stay in the U.S.

To apply for re-parole, submit your application before your current parole expires. Include proof that you’ve complied with all conditions and explain any changes in your situation. Documentation might include proof of employment, educational achievements, or other community contributions.

After five years of parole and any re-parole periods, you have a few options. One potential path is to apply for adjustment of status under the International Entrepreneur Rule, which could lead to becoming a lawful permanent resident if you meet the criteria.

Alternatively, you may explore other ways to secure long-term residency or citizenship. We recommend speaking with an immigration attorney to understand your best options and make sure you’re on track with all legal requirements.

International Entrepreneur Rule Processing Time

The processing time for IER applications can vary based on several factors, including the volume of applications USCIS is handling and the completeness of your submission.

While the entire process can vary widely, it’s generally expected to take several months from the time you file your application to when you receive a final decision.

The initial processing and review for IER applications can take several weeks to a few months, depending on how many applications are ahead of yours.

If your application meets the initial eligibility requirements, USCIS may issue a conditional approval. However, this is not the final step. If you are applying from outside the U.S., you'll need to visit a U.S. embassy or consulate for further processing, which can add additional time depending on the availability of appointments and the time required for security checks.

After the conditional approval and any required steps are completed, USCIS will make a final decision on your application. This can take several more weeks, depending on the specifics of your case and any additional documentation that might be requested.

The processing time for IER applications can vary based on several factors, including the volume of applications USCIS is handling and the completeness of your submission.

While the entire process can vary widely, it’s generally expected to take several months from the time you file your application to when you receive a final decision.

The initial processing and review for IER applications can take several weeks to a few months, depending on how many applications are ahead of yours.

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 join you in the U.S., they will need to file Form I-131, Application for Travel Document. The fee for each Form I-131 is $630.

While hiring an immigration attorney isn’t required, it can be a smart move to ensure your application process goes smoothly. At Manifest Law, our experienced immigration lawyers specialize in helping entrepreneurs navigate the complexities of the International Entrepreneur Rule.

Book a free consultation to learn more.

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 join you in the U.S., they will need to file Form I-131, Application for Travel Document. The fee for each Form I-131 is $630.

Book a free consultation to learn more.

Not sure if you’re eligible for IER?

Book a free consultation with Manifest Law. Our team will ensure you meet the eligibility requirements and help you gather evidence needed.

Take free visa quiz

Frequently asked questions

How long can I stay in the U.S. under the International Entrepreneur Rule?

Under the International Entrepreneur Rule, you can initially stay in the U.S. for up to 30 months. This period is designed to give you time to grow your business and contribute to the U.S. economy. After this initial period, you might be eligible to extend your stay for an additional 30 months if you continue to meet the requirements and show that your business is doing well.

What happens if my Form I-941 is conditionally approved but I am currently outside the U.S.?

If your Form I-941 is conditionally approved but you’re currently outside the U.S., you’ll need to wait until you are granted a visa or other documentation to enter the country. Conditional approval means you have met the preliminary requirements, but you still need to complete the process by entering the U.S. and complying with all terms of your parole once you arrive.

What if I receive a request for evidence (RFE) from USCIS?

If you receive an RFE, carefully review the request and provide the additional documentation or clarification needed. An RFE is a common part of the process and provides an opportunity to address any concerns or gaps in your application.

For the most accurate and personalized guidance, consider consulting with an immigration expert like those at Manifest Law, who can help ensure that your application meets all the requirements and stands the best chance of approval. For more information, visit the USCIS International Entrepreneur Rule page.

Can I change from International Entrepreneur Rule parolee to an immigrant or nonimmigrant status without leaving the United States?

Yes, you can apply to change from International Entrepreneur Rule parolee status to another immigrant or nonimmigrant status without leaving the U.S. For example, if you qualify for a different visa category or want to adjust your status to become a permanent resident, you can do so while staying in the U.S. Just make sure to follow the application procedures and meet the eligibility requirements for the new status.

Am I allowed multiple entries to the United States if I have parole under the International Entrepreneur Rule?

Yes, if you have parole under the International Entrepreneur Rule, you are generally allowed to enter and exit the U.S. multiple times. However, each re-entry is subject to inspection by U.S. Customs and Border Protection, and you must continue to meet the conditions of your parole each time you return.

Is there premium processing for Form I-941?

No, premium processing is not available for Form I-941, which is used to apply for parole under the International Entrepreneur Rule. This means you will need to wait the standard processing time, which can vary depending on the volume of applications and other factors. Be sure to plan ahead and allow sufficient time for your application to be reviewed.

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

In this blog article:

What is the International Entrepreneur Rule?

International Entrepreneur Rule Eligibility Requirements

Evidence for International Entrepreneur Rule: Complete List of Documents

How to Apply as an Entrepreneur

How to Apply as Spouse or Child of an Entrepreneur

Extending Your Stay with Re-Parole

International Entrepreneur Rule Processing Time

International Entrepreneur Rule Costs

Frequently Asked Questions

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