Supporting International Entrepreneurs: A Closer Look at the International Entrepreneur Rule

3 min read

The recent release of supplementary guidance for the International Entrepreneur Rule (IER) by the Department of Homeland Security represents a significant milestone for non-U.S. entrepreneurs seeking to establish and expand their startups in the United States. Termed as the closest equivalent to a “startup visa” in the U.S., this initiative presents a distinctive opportunity for foreign entrepreneurs to bring their business ventures to the country.

Administered by the Department of Homeland Security, the IER provides a “parole” status for non-U.S. entrepreneurs, enabling them to enter the country and work on their startup for an initial period of 2½ years, with the potential to apply for an additional 2½ years. This programme outlines specific requirements for candidates to meet, and while on the parole status, they may also pursue formal visa applications. Furthermore, spouses of these foreign entrepreneurs are eligible to seek work authorisation.

Originally introduced during the Obama administration but only put into effect in 2021 due to delays by the Trump administration, the initiative has encountered limited success since its implementation. Out of 94 applications, only 26 cases have been approved, with 28 rejections and 40 pending or withdrawn applications. The recent publication of more coherent information by the DHS regarding the qualification criteria for entrepreneurs and startups is likely an effort to increase participation in the programme.

Nevertheless, it is essential to recognise that the IER does not provide a comprehensive solution for foreign-born founders seeking to establish their businesses in the U.S. The establishment of a genuine “startup visa” can only be achieved through legislative action by Congress.

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