USCIS Issues Comprehensive Guidance on Parole
Entrepreneur Parole (IEP): a quick guide for startup founders
International Entrepreneur Parole (IEP) lets certain founders build a startup in the U.S. on a parole basis (not a visa). However, approval depends on your company’s investment, traction, and job-creation potential. We map eligibility and prepare evidence to reduce RFEs.
Core eligibility (high level)
Founder ownership & role: You hold a substantial ownership stake and will play a central, active role.
Startup criteria: Recently formed U.S. entity (generally within the past few years) with rapid growth potential.
Qualified investment or grants: Significant funding from U.S. investors or government awards; in addition, strong revenue/traction can support the case.
Therefore, your documents must clearly show innovation, scalability, and jobs.
What parole gives (and what it doesn’t)
Gives: Work authorization for the founder at the startup, ability to onboard quickly, and potential re-parole if milestones are met.
Doesn’t give: A traditional nonimmigrant status or direct path to a green card. Consequently, we plan long-term options (e.g., EB-2 NIW, EB-1, or an O-1) in parallel.
Strategy for a strong IEP packet
Narrative & milestones: Show problem, product, market, traction, and specific job-creation plans.
Investor diligence: Prove the bona fides of investors (history, portfolio, due-diligence materials).
Government/non-dilutive funding: Document award amounts, selection criteria, and performance terms.
Traction exhibits: Customers, LOIs, revenue, pilots, patents/IP, press, accelerator acceptance.
Founder qualifications: Prior exits, publications, awards, leadership, and critical-skills evidence.
Evidence checklist (quick guide)
Company docs: formation, cap table, bylaws/operating agreement
Funding proof: wire receipts, SAFEs/notes, term sheets, award letters
Investor credentials: track record, funds under management, prior exits
Traction: KPIs, revenue reports, signed customer letters, product screenshots
Jobs plan: hiring roadmap, payroll projections, org chart, U.S. office lease
Founder resume portfolio: CV, press, patents, letters of support
As a result, the officer can verify growth potential and public benefit at a glance.
FAQs
Can spouses/children work?
Spouses may seek work authorization after entry; however, dependents do not get automatic work rights.
Can I travel while on parole?
Travel is possible but sensitive. Therefore, we plan advance travel and re-entry strategy to avoid lapses.
How long does parole last and can it be extended?
Founders may receive an initial period and then re-parole if milestones are met. Meanwhile, we line up a backup status (O-1, H-1B-cap-exempt, etc.).
Does IEP block me from pursuing a green card?
No. In fact, many founders later pursue EB-2 NIW or EB-1 with upgraded evidence.
How we help
First, we assess IEP eligibility against funding and traction. Next, we build a founder narrative and investor dossier. Then, we compile the parole packet and plan status-to-green-card routes. Finally, we support re-parole and audits.
Ready to pursue entrepreneur parole? Schedule a consultation or call (562) 495-0554.
Disclaimer: General information, not legal advice. Program criteria and evidentiary standards evolve; we confirm the rule in effect when we file.
USCIS issued policy guidance in the USCIS Policy Manual to address international entrepreneur parole. The guidance is effective immediately and applies prospectively to applications filed on or after today, March 10, 2023. USCIS is now issuing policy guidance to address international entrepreneur parole and complement the final rule. Under the International Entrepreneur Rule (IER), DHS may use its parole authority to grant a period of authorized stay, on a case-by-case basis, to noncitizen entrepreneurs who show that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion.
