The International Entrepreneur Rule (IER): A Complete Guide
Introduction to the International Entrepreneur Rule (IER)
The International Entrepreneur Rule (IER) offers a unique opportunity for international entrepreneurs wishing to set up their business operations in the United States. This guide details the criteria for eligibility, application process, and benefits for IER applicants.
Main Criteria for Receiving the International Entrepreneur Visa
Entrepreneur Criteria
To qualify, entrepreneurs must own at least 10% of the startup and play an active and central role in its operations.
Startup Criteria
The startup must be a US-based entity, legally established within the last five years, and show high growth and job creation potential.
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Funding and Investment Criteria
Startups must secure at least $311,071 from qualified US investors or $124,429 in government grants post October 2024, adjusted for inflation.
The Application Process and Timelines
What the Process Entails
Applicants must submit Form I-941 to USCIS with supplementary documents showing startup ownership and potential benefits to the US economy. Family can file Form I-131.
Expected Timelines
The processing times vary, with no exact timelines provided. USCIS is committed to prompt reviews but offers no premium processing for I-941 forms.
Benefits and Limitations for Entrepreneurs’ Families
Their stay aligns with the entrepreneur under parole status, requiring biometric processes.
Extending Parole and Beyond
Criteria for Parole Extension
Entrepreneurs must maintain at least 5% ownership and continue to demonstrate significant public benefit from their startup.
Post-5-Year Options
Upon completing the 5-year parole, entrepreneurs can explore other immigration paths for permanent residency.
FAQs
Can family members accompany the entrepreneur under IER?
Yes, the spouse and unmarried children under 21 can join the entrepreneur using the parole process.
What happens if the entrepreneur can't meet the investment threshold?
Alternative evidence can demonstrate substantial startup potential, such as market analysis reports and prior successful ventures.
Is it possible to convert IER to a green card?
IER doesn't directly convert to a green card, but entrepreneurs can apply for other visas or residency paths based on their business growth and success.