Updated December 13, 2025 by Mark I. Davies, Esq.
The landscape of international entrepreneurship is constantly evolving, with recent updates to the International Entrepreneur Rule (IER) bringing significant implications for entrepreneurs aiming to establish and grow their businesses in the United States. Understanding these changes is crucial for anyone involved in the international entrepreneurship program, as it impacts requirements and opportunities for securing entrepreneur parole. This comprehensive guide will explore the intricacies of the IER, recent updates, and strategies for navigating these changes effectively.
Legal Authority: The legal authority for IER is found in 8 CFR 212.19 and INA 212(d)(5)(A).
Key Takeaways
The International Entrepreneur Rule allows foreign founders to build U.S. startups for up to five years without a visa.
What the IER Is
All of these correspond to 8 CFR 212.19(b), which lays out the following:
- The IER provides discretionary permission (“parole”) for foreign founders on a case-by-case basis to remain in the US for an authorized period of stay.
- The foreign founders must hold meaningful ownership, play a central operational role, secure significant qualified U.S. investment or government awards, and show strong growth potential.
- The October 2024 updates streamline USCIS processes, extend parole to two 30-month periods, raise investment thresholds, and strengthen compliance and reporting. These changes increase stability for scaling and fundraising while elevating capital and documentation hurdles. Founders should stay informed, cultivate investor/advisor networks, maintain meticulous records, and seek expert guidance.
What the IER is Not:
- A visa
- A grant of lawful status in the United States
- A direct path to a “green card”
- “EB-6”. EB-6 does not exist. Several unscrupulous entities have described IER as “EB-6”, falsely implying it is a “green card” option.
Summary: What is in this IER Guide
This guide explains the International Entrepreneur Rule (IER).
IER grants temporary parole to foreign founders building high potential U.S. startups, and details core eligibility:
- meaningful ownership and role,
- a recent U.S.-formed company,
- significant qualified U.S. investment or grants,
- clear growth potential.
It highlights recent updates including a streamlined USCIS application process, longer parole periods (initial and extension up to 30 months each), higher investment thresholds, and stronger compliance monitoring.
The analysis outlines both opportunities (greater stability to scale) and challenges (funding thresholds, reporting), and offers practical strategies—staying informed, building networks, preparing thorough documentation, and seeking professional guidance.
What is the International Entrepreneur Rule?
The IER is a parole-based option available to entrepreneurs wishing to pursue business in the United States. Other options are all visas and IER often fills a “gap” where visas are not available.
The International Entrepreneur Rule, commonly referred to as IER, provides a unique opportunity for foreign entrepreneurs to stay in the United States while they build and scale their startups. This initiative was crafted to bolster the U.S. economy by attracting innovative business leaders from across the globe, facilitating a dynamic environment for entrepreneurship.
Benefits of the International Entrepreneur Rule
- Ability to build a U.S. startup without a visa
- Spouse can obtain work authorization
- Access to U.S. investors & market
- No treaty-country requirement (unlike E-2)
- No minimum salary requirement
- Flexible evidence approach
- Faster path to market entry than EB-5 or L1
- No specialty degree requirement
- Works when O-1 fails
- Only option for pre-product founders
The Essence of Entrepreneur Parole
What is Parole Granted by IER?
Entrepreneur parole under the IER serves as a temporary permit allowing qualified international entrepreneurs to live and work in the U.S. for a period of up to five years (two 30 month periods). Unlike a traditional visa, this is a discretionary grant permitting entry and residence based on specific criteria. The primary objective of entrepreneur parole is to empower foreign entrepreneurs to make substantial contributions to the U.S. economy through job creation, investment attraction, and fostering innovation.
What is Purpose of Parole Granted by IER?
Entrepreneur parole is not just about providing entry but creating a fertile ground for startups to flourish. By enabling entrepreneurs to immerse themselves in the U.S. business ecosystem, the rule seeks to harness global talent to drive economic prosperity.
Is IER the Best Option: Other US Options for Entrepreneurs and Future Options after IER
✅ Alternatives to IER
IER is an alternative to a number of visa options available to foreign entrepreneurs. These options are also commonly used for IER entrepreneurs transitioning from IER to a visa option.
|
Category
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Capital requirement
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Speed
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Process
|
Key context
|
|
IER
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Qualified investment or grant at required threshold
|
Moderate
|
USCIS parole request then travel authorisation
|
Designed for high growth United States startups
|
|
E2
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Substantial investment (varies by business)
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Fast
|
One stage consular filing
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Treaty country investors
|
|
E1
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No set amount, based on trade
|
Fast
|
One stage consular filing
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Treaty traders
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|
L1
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No statutory minimum, but new offices must show realistic funding
|
Slower
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Two stages: USCIS then consulate
|
Intracompany transfers
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|
O1
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none
|
Slower
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Two stages: USCIS then consulate
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Exceptional workers
|
|
EB5
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Eight hundred thousand to one million fifty thousand dollars
|
Slow
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Immigrant petition then consular or adjustment
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Investor immigrant category
|
|
EB1C
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No investment requirement
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Moderate
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Immigrant petition then consular or adjustment
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Multinational managers and executives
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More information on E2 Treaty Investor Visa
More information on the E-1 Treaty Trader Visa
More information on the O-1 Visa
More information on the L-1 Inter-company exchange visa for entrepreneurs
More information on the Eb-5 Investor Visa
More information on the Eb1-c Immigrant Visa
More information on the Eb1-a Immigrant Visa
✅ Who IER Works Best For
IER works best for founders with meaningful ownership, a definable central role, and a U.S. entity that can show early evidence of innovation, traction, or investment. It is particularly strong for founders who cannot qualify for O-1 or E-2, or who need a flexible, fast pathway to enter the U.S. market without strict wage, degree, or specialty-occupation requirements. It is also ideal for early-stage companies raising pre-seed or seed capital from qualified U.S. investors.
✅ Who IER Doesn’t Work For
IER does not work well for founders with very small ownership stakes, highly diluted post-Series A structures, or businesses that resemble consulting, services, or lifestyle companies. It is also a poor fit for founders unable to demonstrate real growth potential or who cannot provide clear evidence of investment, innovation, or job creation. Founders seeking long-term immigration stability without meeting future visa or green-card criteria may also find IER too uncertain.
✅ Key Failing Points
The most common failure points include insufficient ownership (below required thresholds), lack of a central and active operational role, and inability to document that investment funds come from qualified investors or qualifying U.S. government sources. Cases also fail when startups cannot demonstrate genuine potential for rapid growth and job creation, or when their business model appears low-scale, non-innovative, or primarily service-based. Weak evidence packaging, cap-table inconsistencies, or unclear revenue/traction documentation also frequently lead to denials.
IER Eligibility, Requirements, Investment Thresholds
To qualify for entrepreneur parole, applicants must satisfy a set of stringent criteria, ensuring that the benefits of the IER are extended to promising ventures.
- Ownership and Role:
- The applicant must possess at least a 10% ownership stake in the startup. 8 CFR 212.19(b)(1)(i).
- Play an active, central role in its operations. The figure is lowered to 5% for re-parole. 8 CFR 212.19(d)(2)(i).
This ensures the entrepreneurs vested interest and direct involvement in the business success.
- Established Startup: The startup must have been formed in the United States within the past five years. This requirement emphasizes the focus on nurturing nascent businesses with the potential for significant growth.
- Capital Investment or Funding: Startup entities need to have either: at least $311,071 in qualified investments from qualifying investors; or at least $124,429 in qualified government awards or grants; or alternative evidence. Alternative evidence includes documentation showing rapid growth, compelling innovation, or significant social/market impact when investment or grant thresholds are not fully met.
NOTE – per 8 CFR 212.19(g) these amounts automatically adjust every three years.
- Potential for Growth: The startup should exhibit a clear potential for rapid growth and job creation, aligning with the broader economic goals of the IER.
These requirements are meticulously designed to ensure that only serious and high-potential businesses benefit from the IER, aligning with the policy overarching goal of fostering economic growth.
IER Fit Guide: Which Founders It’s Really For (and Not For)
Founder Personas IER Works Exceptionally Well For
1. The Technical or Product Founder (Pre-Seed to Series A)
Founders who are building innovative products, SaaS platforms, or deep-tech solutions, and who need to be physically in the U.S. to work with customers, pilots, or engineers. These founders typically lack the awards, publications, or credentials O-1 requires.
2. The Early-Stage Startup Founder With Qualified U.S. Investors
Founders raising pre-seed or seed rounds from recognized U.S. accelerators, angels, venture funds, or grant programs. These founders often need rapid relocation and cannot wait for visa quotas, cap seasons, or multi-stage consular processes.
3. The Founder Who Doesn’t Qualify for E-2 or O-1
IER is ideal for founders who:
- don’t hold a treaty passport
- don’t have extraordinary-ability evidence
- don’t meet L-1 manager standards
- don’t have the capital for EB-5
These founders often find IER the only realistic U.S. entry mechanism.
4. The Solo Founder or Two-Founder Team With Clear Growth Evidence
Founders who can show:
- early traction
- investor validation
- IP
- contracts
- market fit
even without revenue.
5. The Founder Who Needs Flexibility, Not a Job Offer
IER works very well for founders who cannot fit their startup into the H-1B “specialty occupation” mold and need to stay independent from employer sponsorship.
Founder Personas IER Does Not Work Well For
1. Highly Diluted Founders (Below 10% Ownership)
Series A/B founders whose equity fell under 10% cannot qualify for initial parole, and those under 5% cannot qualify for re-parole. This is one of the most common failure scenarios.
2. Service-Based or Consulting-Heavy Founders
USCIS will not approve IER for:
- consulting practices
- agencies
- staffing firms
- coaching/mentoring services
- lifestyle businesses
These do not meet the “rapid growth and job-creation” standard.
3. Founders Without Any Evidence of Innovation or Growth
If the startup cannot show investment, contracts, IP, traction, or meaningful development, IER is rarely viable.
4. Founders Who Need Guaranteed Stability or Status
IER is discretionary, revocable, and does not provide status. It is a poor fit for people who need predictability, or who cannot tolerate the uncertainty of CBP discretion at entry.
5. Founders With No U.S. Market Orientation
If the startup is fundamentally local to another country, USCIS sees little “significant public benefit,” and IER becomes much harder.
Quick Self-Check: “Is IER Right for Me?”
Use this ultra-simple rule:
✔ IER is a good fit if you can honestly say:
- “My startup has real innovation, traction, or investment.”
- “I personally am essential to the business.”
- “I can show credible growth or job-creation potential.”
- “I need to be in the U.S. fast.”
✘ IER is not a good fit if you must say:
- “I own under 10%.”
- “Our model is consulting or low-scale.”
- “We have no U.S. customers, investors, or market.”
- “I need a guaranteed visa or stable long-term status.”
Recent Updates to the International Entrepreneur Rule
The International Entrepreneur Rule has continued to evolve as USCIS refines the program’s requirements and administration.
The most significant development came on October 10, 2024, when USCIS issued updated guidance and implemented the first triennial inflation-based adjustments to the rule’s investment, revenue, and grant thresholds. These updates materially change how founders must prepare for both initial parole and re-parole under IER.
Summary of Qualification for IER
The table below breaks the IER requirements into two parts: what the founder must show and what the startup must show. Looking at these side-by-side helps applicants quickly see whether both they and their company meet the core criteria. The left column covers individual eligibility, and the right column summarizes the startup qualifications such as age, investment, and growth potential. Together, these elements form the basic threshold for a successful IER application.
|
Requirement Type
|
Criteria
|
Notes
|
|
Founder
|
10 percent ownership
|
Mandatory for initial parole
|
|
Central and active role
|
Show operational control
|
|
Startup
|
Formed within last 5 years
|
U.S. entity required
|
|
$311,071 qualified investment or
$124,429 grant
|
Updated Oct 2024
|
|
Growth and job-creation potential
|
Revenue, IP, traction
|
International Entrepreneur Parole: Step-by-Step Guide
Applying for the International Entrepreneur Rule involves a multi-stage process that includes proving eligibility, filing the core USCIS application, undergoing security checks, and finally securing travel authorization to enter the United States. While the steps are straightforward, each stage requires careful documentation to demonstrate that both the founder and the startup meet the IER criteria.
The following detailed breakdown reflects the exact process USCIS evaluates.
Step 1 — Confirm You Meet the Eligibility Requirements
Before preparing any forms, founders must ensure that both they and their startup meet the IER requirements. This includes confirming:
- The startup was formed in the United States within the last five years
- The founder holds at least a 10 percent ownership stake at the time of initial filing
- The founder plays a central and active role in the company
- The startup has secured the required qualified investment, qualified grant, or alternative evidence
- There is clear evidence of rapid growth potential, such as revenue, IP, contracts, traction, or investor validation
Why this step matters:
USCIS denies a significant number of applications because founders begin filing before ensuring evidence aligns with the strict IER definitions.
Step 2 — Collect All Required Evidence and Documentation
This is the most time-consuming stage. Founders must compile documentation demonstrating:
Founder Documentation
- Proof of ownership percentage
- Description of founder’s role and responsibilities
- Evidence of experience, technical background, or track record (optional but persuasive)
- Resume or CV
Startup Documentation
- Articles of incorporation / formation documents
- Operating agreement, cap table, shareholder ledger
- Executive summary or business plan
- Market analysis and projected growth
Funding Documentation
- Signed investment agreements (e.g., SAFE, convertible notes, purchase agreements)
- Investor qualification documentation (to show they meet the “qualified investor” test)
- Government award or grant documentation, if applicable
Growth and Traction Evidence
- Revenue data (if any)
- Patents, provisional patents, IP assignments
- Term sheets, contracts, pilot customers
- Evidence of product development
- Press, awards, accelerators or incubator acceptance
Best practice:
Present evidence in a clean, indexed format. USCIS officers are not startup investors—they need clarity, not ambiguity.
Step 3 — File Form I-941 (Application for Entrepreneur Parole)
Form I-941 is the core application. It requires:
- Personal biographical information
- Startup details
- Funding details
- Evidence attachments
- Filing fees for both the application and biometrics
While the form can be filed from inside or outside the U.S. parole can only be obtained from outside the U.S. The I-941 filing client can be in lawful immigration status and seeking a departure/re-entry arrangement.
Important:
Unlike visas, IER adjudication is discretionary. Even if a founder meets all thresholds, USCIS may still deny the application if evidence is weak or ambiguous.
Step 4 — Complete Biometrics and Background Checks
After submitting Form I-941, USCIS will schedule an appointment for:
- Fingerprinting
- Photographs
- Background and security vetting
If the founder is abroad, biometrics may occur at a U.S. embassy or consulate.
If inside the U.S., the biometrics appointment happens at an ASC (Application Support Center).
This stage confirms the founder meets admissibility requirements.
Step 5 — Wait for Adjudication
USCIS reviews all evidence and makes a decision. During adjudication, officers verify:
- Funding meets the updated thresholds
- The investor qualifies as a “qualified investor”
- The founder is essential to the startup
- The startup meets the innovation/growth expectations
- Documentation aligns with regulations
Typical adjudication time:
Competitors often omit this, but in practice, IER adjudication can take several months.
Processing times may vary because IER is reviewed by specialized officers.
Step 6 — If Approved, Request Travel Authorization
An approval of Form I-941 does not automatically allow entry into the U.S.
Next steps:
- The founder must request travel authorization (usually via Form I-512L issuance or equivalent logistical process).
- The founder schedules an appointment at a U.S. consulate for a boarding foil or parole facilitation.
- CBP (Customs and Border Protection) reviews documents prior to travel.
Key nuance:
This two-step process is unique to parole programs.
Step 7 — Enter the United States and Receive Parole
Upon arrival at a U.S. port of entry:
- A CBP officer interviews the founder
- The officer validates the parole documents
- Parole is granted for up to 30 months
Founders should expect questions about the business plan, funding, and role.
It is possible—but uncommon—for CBP to refuse entry even after USCIS approves, because parole is discretionary at the border.
Step 8 — Build the Business and Continuously Meet IER Requirements
Once in the U.S., founders must:
- Work full-time on the startup
- Maintain their qualifying ownership percentage
- Maintain growth trajectory
- Track job creation
- Meet revenue or capital targets for re-parole
- Report material changes to USCIS
Best practice:
Founders should maintain monthly records: KPIs, revenue, proof of jobs, cap table changes.
Step 9 — Apply for Re-Parole
Before the initial 30-month period expires, founders may request an additional 30-month extension by filing:
- Form I-941 (re-parole section)
- Updated evidence of progress
- Evidence of meeting at least one of the required extension metrics:
To Qualify for Re-Parole, Startup Must Show One of:
- $622,142 in qualified investment or grants, or
- $622,142 in annual revenue + 20 percent annualized growth, or
- Creation of at least five qualified U.S. jobs
USCIS will evaluate whether the founder remains essential to the startup and whether the business continues to have strong growth potential.
Updated Definition of a Qualified Investor
The October 2024 guidance also updates the criteria for a “qualified investor,” raising the minimum historical investment volume required. An investor must now demonstrate:
- At least $746,571 invested in U.S. startups over the preceding five years, and
- Documented success in at least two such startups through job creation or strong revenue performance.
Source: USCIS IER Overview
This adjustment aims to ensure that IER-backed ventures receive support from credible, experienced investors.
Enhancing Validity Periods for Entrepreneur Parole
Another critical update is the extension of validity periods for entrepreneur parole. Entrepreneurs can now stay in the U.S. for an initial period of up to 30 months, with the possibility of a 30-month extension. This extended timeframe provides entrepreneurs with the stability they need to build and expand their ventures while continuing to meet the IER requirements.
The extension of validity periods underscores the importance of providing entrepreneurs with a stable environment to nurture their businesses. This change is expected to lead to increased investment opportunities and job creation, aligning with the broader goals of the IER.
Adjusting Investment Thresholds to Reflect Economic Realities
Under the new guidance, all financial requirements for IER have increased to reflect current economic conditions. For initial parole, applicants must now demonstrate:
For re-parole, USCIS now requires evidence of meaningful progress during the initial 30-month period through one of the following:
- $622,142 in aggregate qualified funding, or
- $622,142 in annual revenue accompanied by 20 percent annualized revenue growth, or
- Creation of at least five qualified U.S. jobs.
Source: International Entrepreneur Rule Overview
These revised amounts automatically adjust every three years under the 2017 final rule.
Strengthening Compliance and Monitoring
To ensure that the International Entrepreneur Rule serves its intended purpose, there is an increased focus on monitoring and compliance. This includes regular reporting requirements and audits to verify that the entrepreneur and the startup continue to meet the necessary criteria.
Enhanced compliance monitoring helps maintain the integrity of the IER, ensuring that the benefits are directed toward businesses that are genuinely contributing to economic growth. This measure reinforces the commitment to fostering a robust and accountable entrepreneurial ecosystem.
The Impact of the International Entrepreneur Rule Update
by KOBU Agency (https://unsplash.com/@kobuagency)
The updates to the International Entrepreneur Rule have far-reaching implications for both current and prospective applicants. These changes present new opportunities and challenges that must be navigated carefully.
New Opportunities for Business Expansion
The streamlined application process and extended validity periods offer entrepreneurs more time to focus on growing their businesses without the constant worry of reapplying for parole. This stability can lead to increased investment opportunities, job creation, and overall economic growth.
Entrepreneurs can leverage this newfound stability to explore new markets, expand their operations, and innovate. The extended timeframe allows for strategic planning and execution, maximizing the potential for success.
Challenges and Strategic Considerations
While the updates present new opportunities, they also pose challenges. The increased investment thresholds may make it more challenging for some startups to qualify for the IER. Entrepreneurs must ensure that they have a solid business plan and sufficient funding to meet these requirements.
Additionally, the heightened compliance monitoring necessitates meticulous record-keeping and continuous demonstration of the startup potential. Failing to meet these expectations could result in the revocation of parole, underscoring the importance of strategic planning and execution.
The Evolving Landscape of International Entrepreneurship Programs
The updates to the International Entrepreneur Rule reflect a broader commitment to fostering innovation and economic growth through international entrepreneurship. As the U.S. continues to attract top talent from around the world, these programs are likely to evolve further, adapting to global economic trends and the needs of the startup community.
This evolving landscape presents both opportunities and challenges for entrepreneurs. Staying informed and adaptable will be key to navigating these changes successfully, ensuring that businesses can thrive in a dynamic and competitive environment.
Navigating the International Entrepreneur Rule
For entrepreneurs looking to take advantage of the International Entrepreneur Rule, it is essential to stay informed about the latest updates and requirements. Here are some strategies for successfully navigating the process:
Staying Informed and Proactive
Regularly checking for updates from the USCIS and other official sources is crucial to ensure you have the latest information on requirements and procedures. Staying informed allows entrepreneurs to anticipate changes and adapt their strategies accordingly.
Entrepreneurs should leverage online resources, newsletters, and professional networks to stay abreast of the latest developments. Being proactive in gathering information can provide a competitive edge in the ever-evolving landscape of international entrepreneurship.
Building a Robust Network of Support
Connecting with other entrepreneurs, investors, and advisors is vital for navigating the complexities of the IER. A strong network can provide guidance, support, and valuable insights throughout the application process, helping entrepreneurs secure the necessary funding and resources to meet the IER criteria.
Networking events, conferences, and online communities offer opportunities to build relationships with key stakeholders in the entrepreneurial ecosystem. These connections can prove invaluable in overcoming challenges and seizing opportunities.
Preparing Comprehensive Documentation
Ensuring that all documentation is complete, accurate, and up-to-date is essential for a successful application. This includes evidence of investment, business plans, and any other materials required for the application process.
Entrepreneurs should maintain meticulous records and seek professional assistance if needed to ensure the quality and accuracy of their documentation. This attention to detail can significantly impact the success of the application process.
Seeking Professional Guidance and Expertise
Consulting with immigration attorneys or experts specializing in international entrepreneurship can provide valuable insights and assistance in navigating the complexities of the IER. These professionals can offer strategic advice, helping entrepreneurs align their efforts with the latest requirements and expectations.
Professional guidance can also help entrepreneurs address any legal or procedural challenges that may arise, ensuring a smoother and more efficient application process.
Conclusion
The International Entrepreneur Rule remains a vital pathway for international entrepreneurs looking to establish and grow their businesses in the United States. By understanding the recent updates and meeting the necessary requirements, entrepreneurs can take advantage of the opportunities the IER offers, contributing to innovation and economic growth in the U.S.
Frequently Asked Questions (FAQ)
These are the most common questions founders and investors ask about the International Entrepreneur Rule (IER). Each answer is written in clear, practical language while maintaining legal accuracy and USCIS alignment.
1. Does the International Entrepreneur Rule give me a visa?
No.
IER grants parole, not a visa. Parole is a temporary, discretionary permission to enter and stay in the United States. It does not provide a formal immigration status, and it can be revoked at any time if conditions are not met.
Legal Basis: INA 212(d)(5)(A); 8 CFR 212.19(a)
2. Does IER lead to a green card?
Not directly.
IER does not provide a built-in pathway to permanent residence. However, many founders use their time in the U.S. to later qualify for:
- EB-1A (extraordinary ability)
- EB-2 NIW (National Interest Waiver)
- EB-1C (multinational manager/executive)
- EB-5 (investment green card)
IER can create conditions (traction, revenue, IP, investor relationships) that help founders meet future green card criteria.
3. Can multiple founders apply under IER for the same startup?
Yes.
Up to three founders may receive entrepreneur parole for the same company, provided each independently meets the eligibility requirements (ownership, essential role, evidence, etc).
Legal Basis: 8 CFR 212.19(b)(1)
4. Can my spouse and children come to the U.S. with me?
Yes.
Your spouse and unmarried children under 21 may also be granted parole. A spouse may apply for work authorization once in the U.S. by filing Form I-765. Children cannot work but may attend school.
Legal Basis: 8 CFR 274a.12(c)(34), 8 CFR 212.19(e)
5. Can I apply for IER from inside the United States?
IER is usually filed from outside the U.S.
If the founder is already in the U.S. in a valid status, USCIS may allow filing, but the founder must still leave the U.S. and re-enter to receive parole because parole can only be granted at the border.
Legal Basis: INA 212(d)(5)(A) (parole granted only upon entry); 9 FAM 202.1-2 (CBP parole authority).
6. What happens if my startup fails or pivots after I arrive?
A pivot is permitted if the startup remains a high-growth entrepreneurial venture with strong job-creation potential.
But if the startup:
- ceases operations
- becomes a consulting or lifestyle business
- loses growth potential
- no longer supports job creation
...then parole may be terminated or future re-parole denied.
Failure of the original startup can be acceptable if the founder launches a new qualifying venture that meets all IER criteria — but this is evaluated case-by-case.
7. What counts as a "qualified investor"?
A qualified investor must, among other requirements:
- Be a U.S. citizen or permanent resident, or a U.S.-based organization majority-owned and controlled by these individuals
- Have invested at least the threshold amount (inflation-adjusted) into other U.S. startups in the past 5 years
- Show a record of successful outcomes (revenue growth or job creation) in at least two of those startups
Foreign investors do not count for IER funding thresholds.
8. Does revenue from foreign customers count toward the re-parole requirement?
Yes.
Revenue can come from U.S. or foreign customers, as long as:
- It belongs to the U.S.-formed startup
- It is documented clearly
- It is traceable to legitimate business activity
USCIS focuses on total annual revenue and growth rate, not geographic origin.
9. Can SAFE notes, convertible notes, or equity count as "qualified investment"?
Yes.
SAFE notes, convertible instruments, and standard venture equity can qualify if the investor is a "qualified investor" and the instrument reflects a real, arms-length investment.
Grants must be from U.S. government entities, not private foundations.
10. How long does the IER approval process take?
Processing times vary. IER is adjudicated by specialized officers and may take several months.
Unlike visas, there is no premium processing or guaranteed timeframe.
11. What happens if my ownership drops below 10 percent?
For initial parole, the founder must have at least 10 percent ownership at filing and entry.
For re-parole (renewed or extended IER), founders must maintain at least 5 percent ownership.
Dropping below these thresholds can jeopardize eligibility.
12. Do I need to work exclusively for the startup?
Yes.
Founders must work full time (USCIS typically expects 35+ hours per week) and cannot take other employment.
13. Do accelerators, incubators, or competitions count as evidence?
Yes.
Participation in a credible accelerator or incubator can strengthen the application by demonstrating:
- third-party validation
- access to networks
- potential for growth
- competitive selection
However, accelerator funding only counts toward thresholds if the accelerator itself meets the "qualified investor" criteria.
14. What if the startup has no revenue yet?
This is completely normal.
Many applicants qualify based entirely on:
- investment
- grants
- IP
- early traction
- founder background
- market opportunity
USCIS evaluates future growth potential, not just current revenue.
15. Can I travel internationally while on entrepreneur parole?
Travel is possible but must be handled carefully.
Each time you leave the U.S., you need a parole document to reenter. If your parole document expires while abroad, re-entry can be denied.
Travel during re-parole adjudication is especially sensitive.
16. If my startup raises more money after I apply, should I update USCIS?
Yes.
Material changes — including major new funding, loss or gain of ownership, major pivots, or leadership changes — should be reported through the mechanisms USCIS provides.
17. Can I transition from IER to another visa while in the U.S.?
Possibly.
Founders sometimes transition to:
- O-1A
- H-1B (capped or cap-exempt)
- E-2 (if from a treaty country)
- L-1A
- EB-1A or EB-2 NIW (for permanent residence)
Transitions require strategy because parole is not considered "status."
18. Is IER risky?
It carries more uncertainty than traditional visas because:
However, it is often the only viable option for early-stage founders without a treaty passport, multinational experience, or large EB-5 funds.
Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Immigration outcomes depend on the specifics of each case, and E-2 investor visa applications are subject to USCIS review and approval. Prospective investors should consult a qualified U.S. immigration attorney before making any decisions regarding investment or immigration strategy.
(Source: U.S. Department of State, February 2025 Consular Processing Policy Update.)
Attorney Credentials (Mark I Davies, Esq.)
Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.
| Area |
Details |
| US Law Degree |
JD, University of Pennsylvania Law School |
| US Bar License |
Georgia State Bar |
| Business Education |
MBA, Wharton School of Business |
| UK Law License |
SRA ID: 384468 (Solicitor) |
