International Entrepreneur Parole (2023)

Entrepreneurs applying for parole under this rule must demonstrate that they:

  • Possess a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
  • Have a central and active role in the start-up entity such that they are well-positioned to substantially assist with the growth and success of the business.
  • Will provide a significant public benefit to the United States based on their role as an entrepreneur of the start-up entity by showing that:
    • The start-up entity has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
    • The start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state, or local government entities that regularly provide such awards or grants to start-up entities; or
    • They partially meet either or both of the previous two requirements and provide additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.
  • Otherwise merit a favorable exercise of discretion.

A spouse or child of an entrepreneur applying for parole under this rule must demonstrate that he or she:

  • Is independently eligible for parole based on significant public benefit or urgent humanitarian reasons; and
  • Merits a favorable exercise of discretion.

Filing Form I-941, Application for Entrepreneur Rule

  • You must file Form I-941, Application for Entrepreneur Parole, with the required fees (including biometric services fees), and supporting documentary evidence in accordance with 8 C.F.R. § 212.19 and the Form I-941 instructions. The filing fee for Form I-941 is $1,200 and the biometric services fee is $85.
  • Filing and obtaining approval of a Form I-941 application under this rule will not, by itself, constitute a grant of parole. If your Form I-941 application is approved, you must visit a U.S. consulate abroad to obtain travel documentation (e.g., a boarding foil) before appearing at a U.S. port of entry for a final parole determination. A Canadian national traveling directly from Canada to a U.S. port of entry may present an approved I-941 at the U.S. port of entry without first obtaining travel documentation.

Filing Form I-131, Application for Travel Document

  • The spouse and children (unmarried, minor child under 21 years of age) of an entrepreneur submitting Form I-941 may file Form I-131, Application for Travel Document, with the required application fee and biometrics services fee, to request parole to accompany or join the entrepreneur. The Form I-131 may be filed concurrently with the Form I-941 or it may be filed separately.
  • The filing fee for Form I-131 filed by the spouse or child of an entrepreneur is $575. A biometric services fee of $85 is required for applicants 14 through 79 years of age. For Part 2 Application Type, write “IER” in the margin of Form I-131. You must file Form I-131 with evidence demonstrating that you are the dependent spouse or child of an Entrepreneur Parolee or an Applicant for Entrepreneur Parole.
  • Submit all of the following documents:
  • A copy of a marriage certificate or birth certificate establishing your relationship to an Entrepreneur Parolee or an Applicant for Entrepreneur Parole.
  • Unless filing the Form I-131 concurrently with the entrepreneur’s Form I-941, documentation indicating that the entrepreneur has a pending Form I-941 requesting parole, that such request was granted, or that the entrepreneur is a parolee. Such documentation may include a copy of:
    • Form I-797, Notice of Action, indicating USCIS’ receipt of the entrepreneur’s Form I-941;
    • The entrepreneur’s Form I-512L, Authorization for Parole of an Alien into the United States; or
    • Form I-94, Arrival-Departure Record, indicating that the entrepreneur has been paroled into the United States.

Filing Form I-765, Application for Employment Authorization

  • If the Form I-131 is approved, and the spouse of the entrepreneur is paroled into the United States, the spouse may then apply for employment authorization by filing Form I-765, Application for Employment Authorization. Children of the entrepreneur will not be eligible to apply for employment authorization under this rule. For Item Number 27, Eligibility Category, enter “(C)(34).” File Form I-765 with evidence of your parole status, such as your Form I-94, and evidence you are the spouse of an International Entrepreneur Parolee, such as a copy of the principal’s Form I-94 and a copy of your marriage certificate.
  • Note: If a Form I-765 is submitted to USCIS before the spouse has been paroled into the United States, the application may be denied and fees may not be returned.

File your completed form(s) at the USCIS Dallas Lockbox facility.

For U.S. Postal Service (USPS):For FedEx, UPS, and DHL deliveries:

USCIS
Attn: IER
PO Box 650890
Dallas, TX 75265

USCIS
Attn: IER (Box 650890)
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

Form I-9 Guidance

A foreign entrepreneur granted parole may be an employer or an employee. Those who are employees will be required to complete Form I-9, Employment Eligibility Verification.

The following document establishes identity and employment authorization for employment with a specific employer for Form I-9 purposes under List A for an employee who is an entrepreneur granted parole:

  • Foreign passport; and
  • Form I-94, Arrival/Departure Record, indicating entrepreneur parole (PE-1) as the class of admission that has the following:
    • The same name as the passport; and
    • An endorsement of the individual’s parole as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.

For information on Form I-9 requirements, see I-9 Central.

The spouse of a foreign entrepreneur granted parole may also be eligible for parole and apply for work authorization once present in the United States. The spouse is only authorized to work if DHS has issued them a Form I-766, Employment Authorization Document. Children of entrepreneurs granted parole are not eligible for employment on the basis of this parole.

(Video) International Entrepreneur Parole Program Explained!

Application requirements and who may apply for parole/re-parole:

  1. Can I apply for the International Entrepreneur Parole (IEP) program if I am in nonimmigrant status, such as B-1 or F-1? Can I apply if I have overstayed the term of my nonimmigrant status, but I believe I fulfill the other criteria of the International Entrepreneur Rule (IER)?

ANSWER: Yes, individuals who are currently in the United States in nonimmigrant status can apply for IEP. Individuals who are not presently maintaining nonimmigrant status may also apply for entrepreneur parole but would have to depart the United States in order to be paroled back in if authorized, and may have immigration consequences upon departure if they did not maintain their nonimmigrant status.

  1. Can I hold valid nonimmigrant status and be an entrepreneur parolee at the same time?

ANSWER: No, an I-941 applicant who currently holds a nonimmigrant status in the United States cannot concurrently be an entrepreneur parolee. If your I-941 application is approved and you are currently in the United States, you may choose to depart the United States and appear at a U.S. port of entry for a final parole determination.

  1. Where can I find the exact requirements for the IEP program?

ANSWER: The following documentsexplain the application process and the requirements for consideration:

  • Form I-941;
  • The Instructions for Form I-941;
  • The International Entrepreneur Rule as published in the Federal Registerat 82 FR5238;and
  • The relevant regulationat8 CFRsection212.19.

Significant Public Benefit

  1. What constitutes “asignificantpublic benefit” to the United States?

ANSWER: There is no statutory or regulatory definition of significant public benefit. Specifically, for IEP program applicants, the threshold criteria described in 8 CFR section 212.19 include some of the factors USCIS considers when determining whether the proposal would provide a significant public benefit to the United States.Parole determinations are case-by-casediscretionary determinations thatconsider the totality of the circumstances of each case.In addition to meeting the investment, grant or award criteria, you should submit additionalsupporting evidence describing your start-up idea and demonstrating its substantial potential for rapid growth and jobcreation. Such supporting evidence may include:

  • Evidence of investments from any investors, government awards or grants, or revenue generation. Such evidence could include bank records, wire transfers, equity purchase agreements, equity certificates, equity ledgers or capitalization tables;
  • Letters from relevant government agencies, qualified investors, or established business associations with knowledge of your entity’s research, products or services. Letters from the same organizations or individuals confirming that your knowledge, skills, or experience would advance your entity’sbusiness;
  • Newspaper articles or other similar evidence that you or your entity have received significant attention or recognition;
  • Evidence that you or your entity have been recently invited to participate in, are currently participating in, or have graduated from one or more established and reputable start-up accelerators;
  • Patent awards or other documents indicating that you or your entity are focused on developing new technologies or cutting-edge research;
  • Evidence that you have played an active and central role in the success of prior start-ups, such as letters from relevant government agencies, qualified investors, or established business associations with knowledge of your prior start-up activities;
  • Degrees or other documentation indicating that you have knowledge, skills, or experience that would significantly advance your entity’s business;
  • Taxorpayroll records, I-9 records, or other documents indicating that your entity has created qualified jobsbefore you file for parole; and
  • Any other reliable evidence indicating your entity’s potential for growth andyour ability to advance your entity’s business in the United States.

NOTE: If this list of evidence does not apply to your entrepreneurial activities, you may submit any other evidence that a grant of parole will provide a significant public benefit to the United States based on your role as the entrepreneur of a start-up entity.

Start-up Entity

  1. What factors indicate substantial potential for rapid growth and job creation?

ANSWER: You can demonstrate substantial potential for rapid growth and job creation by the receipt of significant capital investment from U.S. investors with established records of successful investmentsin start-up entities. You can also demonstrate this through significant awards or grants from certain federal, state or local government entitiesthat regularly provide awards or grants to start-up entities. DHS regulations also include alternative criteria for applicants who partially meet the thresholds for capital investment or government awards or grants and can provide additional reliable and compelling evidence of their entities' significant potential for rapid growth and job creation. This additional evidence can include:

  • Thenumber of users, customers,and revenue generated by the start-up entity, and by additional investments or fundraising, including any obtained through crowdfunding platforms;
  • Social impact of your start-up entity;
  • National scope of your start-up entity;
  • Positive effects on your start-up entity’s locality or region;
  • Your academic degrees;
  • Your prior success in operating start-up entities as demonstrated by patented innovations, annual revenue, job creation, or other factors;
  • Selection of your start-up entity to participate in one or more established and reputable start-up accelerators or incubators;and
  • Any other reliable and compelling evidence that your start-up entity has substantial potential for rapid growth and job creation.
  1. Can investment or grants be to a parent, subsidiary, affiliated or related company?

ANSWER: No.The investment or grantsmust be made to the qualifying start-up entity itself.

Eligibility Requirements for the Entrepreneur

(Video) The International Entrepreneur Parole Program Explained Part 1

  1. How much of my start-up must I own as an entrepreneur for it to be “substantial ownership?” Is there a minimum, such as 10%?

ANSWER: The officers who will process your application are guided by the DHS regulations at 8 CFR section 212.19.We consider ownership interest “substantial” if you (the Form I-941 applicant) possess at least a10%ownership interest in the start-up entity at the time of adjudication of the initial grant of parole, and if you possess at least a5%ownership interest in the start-up entity at the time of adjudication of a subsequent period of re-parole.

  1. What types of evidence could be provided for an entrepreneur to meet the regulatory requirement of having a central and active role in the start-up entity?

ANSWER: Youmustbe well positioned to substantially promote the growth and success of your start-up business to qualify as an entrepreneur under the IEP program. You must possess the requiredknowledge, skills or experience. You should provide a detailed description of your central and active role in the start-up entity, along with supporting evidence that may include:

  • Letters from relevant government agencies, qualified investors, or established business associations with knowledge of the entity’s research, products or services, and yourknowledge, skillsor experience that would advance the entity’s business;
  • Newspaper articles or other similar evidence that you or your entity has received significant attention or recognition;
  • Evidence that you or your entity has been recently invited to participate in, is currently participating in, or has graduated from one or more established and reputable start-up accelerators;
  • Evidence that you have played an active and central role in the success of prior start-up entities;
  • Degrees or other documentation indicating that you have knowledge, skills or experience that would significantly advance the entity’s business;
  • Documentation pertaining to intellectual property of the start-up entity, such as a patent, thatyou obtained or that wasa result of your efforts and expertise;
  • Position description of your role in the operations of the company; and
  • Any other reliable evidence indicating that you perform a central and active role in the start-up entity.

Qualified Investment

  1. What is the minimum amount that USCIS considers a significant investment of capital?

ANSWER: Generally, the start-up entitymust havereceived a qualified investmentofat least $250,000 (adjusted for inflation – see note below) from one or more qualified investorswithin 18 months immediately preceding the filing ofyour Form I-941. DHS regulations also include alternative criteria for applicants who partially meet the thresholds for capital investment or government awards or grants and can provide additional reliable and compelling evidence of their entities' significant potential for rapid growth and job creation.

NOTE: By regulation, the investment amount will be automatically adjusted by the Consumer Price Index for All Urban Consumers (CPI-U) every three years, to take effect the following fiscal year. Calculating the adjustment for the three-year period from December 2017, when USCIS implemented the IEP program after a federal court vacated the rule delaying the effective date of the IEP final rule, and December 2020, the new amount will be $264,147 as of Oct. 1, 2021. USCIS is publishing the new amounts on its website as required by regulation and is working on a technical update to the regulation itself, which will be published in the Federal Register.

Qualified Investor

  1. Many investment firms based in the United States, such as venture capital firms, have a wide range of funding from limited partners that vest control in U.S. citizen partners who manage and even “control” the fund. May I support my Form I-941 with evidence that the qualifying investment firm is controlled by U.S. citizens or residents without having to demonstrate that at least 50% of the capital is sourced from U.S. citizens or residents? These silent investors do not control the fund’s management or how the fund’s capital is invested.

ANSWER:The regulation defines the term “qualified investor” to include an organization located in the United States and that operates through a legal entity organized under the laws of the United States or any state that is majority owned and controlled, directly and indirectly, byU.S. citizens or lawful permanent residents (LPRs). While USCIS does not require the applicant to establish that at least 50% of the capital contributed to the fund is sourced from U.S. citizens or LPRs, the applicant must nevertheless show that the firm is majority owned and controlled, directly and indirectly, by U.S. citizens or LPRs. The applicant must also establish, among other things, that the investor has a successful track record of accomplishment making investments in startup entities and that the investment is a good faith investment of lawfully derived capital.

  1. What is the minimum threshold for an established record of successful investments?

ANSWER: The definition ofa qualifiedinvestorat 8 CFR section 212.19requires theinvestorto have a history of substantial investment in successful start-up entities. For purposes of this requirement, USCIS considers such an individual or organization a qualified investor if, during the preceding five years, the following apply:

  • The individual or organization made investments in start-up entities in exchange for convertible debt or othersecurity convertible into equity commonly used in financingtransactions within their respective industries,comprising a total in such five-year period of no less than $600,000 (adjusted for inflation – see note below); and
  • Subsequent to such investment by such individual or organization, at leasttwosuch entities each created at leastfivequalified jobs or generated at least $500,000 (adjusted for inflation – see note below) in revenue with average annualized revenue growth of at least 20%.
  • NOTE: By regulation, these amounts will be automatically adjusted by the CPI-U every three years, to take effect the following fiscal year. Calculating the adjustment for the three-year period from December 2017, when USCIS implemented the IEP program after a federal court vacated the rule delaying the effective date of the IEP final rule, and December 2020, the new amounts will be $528,293 and $633,952 as of October 1, 2021. USCIS is publishing the new amounts on its website as required by regulation and is working on a technical update to the regulation itself, which will be published in the Federal Register.

Qualified Government Award or Grant

  1. What is the minimum threshold for significant grants or awards?

ANSWER: Generally, the start-up entitymust havereceivedat least$100,000 (adjusted for inflation – see note below) through one or more qualified government awards or grantswithin 18 months immediately preceding the filing of Form I-941.DHS regulations also include alternative criteria for applicants who partially meet the thresholds for capital investment or government awards or grants and can provide additional reliable and compelling evidence of their entities' significant potential for rapid growth and job creation.

NOTE: By regulation, this amount will be automatically adjusted by the CPI-U every three years, to take effect the following fiscal year. Calculating the adjustment for the three-year period from December 2017, when USCIS implemented the IEP program after a federal court vacated the rule delaying the effective date of the IEP final rule, and December 2020, the new amount will be $105,659 as of Oct. 1, 2021. USCIS is publishing the new amounts on its website as required by regulation and is working on a technical update to the regulation itself, which will be published in the Federal Register.

  1. Does the grant for the start-up from aqualifiedentity need to be initiated by the parole applicant or just by the entity that parole applicant isapplyingto support?

ANSWER: The government award or grant may be initiated by either the parole applicant or the start-up entity. However, the grant must be awarded to the start-up entity in accordance with the regulations outlined at 8 CFR 212. 19.

(Video) International Entrepreneur Rule | Complete Guide to International Entrepreneur Parole

  1. Can grants be from nations outside of the United States?

ANSWER: No.Awards or grants from foreign government entities are not considered qualified government awards or grantsfor the IEP program.

Alternative Criteria

  1. Please explain what is meant by "other reliable and compelling evidence of the start-up entity's substantial potential"? Where do the regulations discuss these alternative criteria?

ANSWER: The alternative criteria is discussed in 8 CFR Section 212.19 (b)(2)(iii), Form I-941 instructions, and the preamble to the final rule. Such supporting evidence may include:

  • Evidence of rapid growth, such as:
    • number of users or customers;
    • revenue generated by the start-up entity;
    • additional investments/fundraising, including crowdfunding platforms;
  • Social impact of the start-up entity;
  • National scope of the start-up entity;
  • Positive effects on the start-up entity’s locality or region; and
  • Any other reliable and compelling evidence that the start-up entity has substantial potential for rapid growth and job creation.

Biometrics

  1. If I am an applicant outside the United States, how do you collect my biometrics?

ANSWER: If you are a Form I-941 applicant residing outside the United States and seeking initial parole under the IEP program, you must submit biometrics. We will send you a notice explaining where to submit biometrics after we coordinate with the Department of State (DOS) or the International USCIS field office closest to you.

Processes After Conditional Parole is Approved

  1. If my Form I-941 is conditionally approved and I am already in the United States, how do I receive my parole? What is the process if I am outside the United States?

ANSWER: Filing and obtaining a conditional approval of a Form I-941 application under this rule will not, by itself, constitute a grant of parole. The following processes apply:

  • If your Form I-941 application is conditionally approved and you are currently in the United States, you must obtain an I-512L Advance Parole document and depart the United States before appearing at a U.S. port of entry for a final parole determination.
  • If your Form I-941 application is conditionally approved and you are currently outside the U.S., unless you are a Canadian national traveling directly from Canada to a U.S. port of entry, you must visit a U.S. embassy or consulate to obtain travel documentation (for example, a boarding foil) before appearing at a U.S. port of entry for a final parole determination.
  • A Canadian national traveling directly from Canada to a U.S. port of entry may present an approved I-941 at the U.S. port of entry without first obtaining travel documentation.

So long as circumstances do not meaningfully change after USCIS conditionally approves Form I-941, and DHS does not discover material information that was previously unavailable, CBP’s discretion to parole the individual at a port of entry will likely be exercised favorably.

  1. Does DOS (including U.S.embassies and consulates) which is a separate agency from DHS have different requirements for the IEP program than DHS and USCIS?

ANSWER: The requirements for the IEP program are set forth in 8 CFR 212.19. DOSdoes not have different requirements for the program, because parole determinations are made by DHS (provisionally by USCIS and finally at the port of entry by CBP, both USCIS and CBP are components of DHS). If you are outside the United States and will need to apply to DOS for travel documentation, DOS rules pertaining to the process for obtaining travel documentation if USCIS approves your Form I-941 would apply.

However,advanceauthorization of parole by USCIS does not guarantee that you will be issuedtravel documentationbyDOSor paroled by CBP uponyourappearance at a port of entry. Rather, with a grant of advance parole, the individual is issued a document authorizing travel (in lieu of a visa) indicating that, so long as circumstances do not meaningfully change and DHS does not discover material information that was previously unavailable, DHS's discretion to parole the individual at a port of entry will likely be exercised favorably.

  1. If I am an IEP program applicant who has been inspected and admitted to the United States ontheVisa Waiver Program, can Iremain in the United States pastmyI-94 expiration dateuntil my request for parole is either conditionally approved or denied?

ANSWER: Apendingor conditionally approved Form I-941 application does not authorize you, if you are present in the United States in nonimmigrant status, to remain in the United States beyond the expiration of your authorized period of stay.

Conditions of Parole

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  1. Am I allowed multiple entries to the United States if I have IEP parole?

ANSWER:Yes. The maximum initial parole period is two-and-a-half years. Upon re-entry at the U.S. port of entry, you may be granted parole for up to theremainder of the two-and-a-half-year initial parole period.

Changing or Adjusting Status or Other Options After Paroling into the U.S.

  1. What is the maximum time I may remain in the United States if I am granted parole through the IEP program?

ANSWER:Youmaybe grantedinitialparoleforup to two-and-a-half years.If approved for re-parole, you mayreceive up to another two-and-a-half years, for a maximum of five years.

  1. CanI change from IEP parolee to an immigrant or nonimmigrant status without leaving the United States?

ANSWER: At any time during the period of parole, you may apply for classification as an immigrant ornonimmigrant, if you are eligible.However, as parole is not admission, you would generally be ineligible for adjustment or change of status and wouldbe required to depart the United States to apply for admission as an immigrant or nonimmigrant, as applicable.

Dependents

  1. I understand that there must be a significant public benefit (or, in less common circumstances, urgent humanitarian reason) for my spouse or child to accompany me, the primary beneficiary. What are the requirements needed to establish this?

ANSWER: Each dependent (your spouse or unmarried children under age 21) seeking parole must independently establish eligibility for parole based on a significant public benefit or an urgent humanitarian reason. Each individual must establish that they merit a favorable exercise of discretion to be granted parole. If you have been granted parole underthe IEP,USCISmay consider granting parole to your spouse and children if we determine that maintaining your family unity provides a significant public benefit because it further encourages you to operate and grow your business in the United States, and to provide the benefits of such growth to the United States.

  1. I understand that requests for parole for my spouse and children must be filed with Form I-131. Does this mean that even if my spouse and children are not in the United States at the time of filing, they still can file Form I-131 with USCIS? Will they also need to have an interview through the consular processing?

ANSWER: Your dependents may file Form I-131 at the same time you file Form I-941, regardless of whether they currently reside outside of the United States at the time of filing. Additionally, your dependents may also file Form I-131 after you file your Form I-941. Any applicants outside the United States will need to continue consular processing with the collection of biometrics, and USCIS will send you a notice explaining where to submit biometrics in coordination with the Department of State (DOS) or the International USCIS field office closest to you.

  1. Is there an additional waiting period for spouses to who are granted parole to be able to work?

ANSWER: Spouses who are paroled into the United States by CBP may immediately apply for work authorization by filing Form I-765. The spouse parolee, however, will not be authorized to work in the United States until the Form I-765 is approved and an employment authorization document is issued.

Processing times

  1. What is the estimated processing time between my submission of Form I-941 to USCIS, and, if it is approved, the DOS’s issuance of my travel documentation? Given lengthy wait times at mostU.S.embassy and consular posts around the world, are USCIS andDOS taking any steps to ensure processing is completed in weeks, not months?

ANSWER: USCIS hasnot yet received enough applications to adequately determine typical processing times forForm I-941.You should direct any questions pertaining to consular processing times to DOS.

Question relating to Form I-941

  1. Form I-941 appears to have an error at Part 5, item 19a. Itrefers to “10” qualified jobs. But I understand that DHS amended the final rule to require that, when applying for re-parole, the start-up entity only needs to provide evidence of having created “5” qualified jobs during the initial parole period. Please clarify.

ANSWER: The prior version of Form I-941 didcontain a typographical error at Part 5, item 19a. The newest, corrected versionof the form indicates that the number of qualified jobs required when applying for re-parole is “5.” The correct version of the form is available on the USCIS website (PDF, 766.7 KB).

(Video) The International Entrepreneur Parole Rule Explained

FAQs

What is international entrepreneur parole? ›

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 foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through their business venture and that they merit a ...

Can I get a green card as an entrepreneur? ›

The EB-5 green card option is for investors and entrepreneurs that make a major investment in a U.S. company. The basic idea is that the investor invests in the U.S. business and creates jobs for U.S. workers. On the basis of that investment and job creation, the person can potentially qualify for their green card.

Does the US have a startup visa? ›

There are many issues in immigration that are controversial and divisive, but one item has always had bipartisan support and that is the startup visa. In fact, a startup visa just passed both the House and Senate through the America COMPETES Act of 2022, setting the stage for them to soon negotiate and finalize a bill.

Who is eligible for e2 visa? ›

To qualify for E-2 classification, the treaty investor must: Be a national of a country with which the United States maintains a treaty of commerce and navigation; Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and.

Do I need a degree for e2 visa? ›

No. Unlike an H-1B visa, E-2 visa does not require that the employee (or the E-2 investor) has a Bachelor's or Master's degree in relevant field. While it's helpful and we would submit the diploma with the petition if the employee does have education, it's not one of the E-2 visa requirements.

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