International Entrepreneur Parole Program: How It Works

An Update on the International Entrepreneur Parole Program

This is another installment of “Dear Sophie,” a column dedicated to answering immigration questions relevant to those working within the technology sector.

Sophie Alcorn, a Silicon Valley immigration lawyer, emphasizes the importance of sharing knowledge to empower individuals globally to achieve their aspirations beyond geographical boundaries. She welcomes questions from those in people operations, founders, and job seekers in Silicon Valley for consideration in her next column.

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Dear Sophie,

I am the founder of a fintech startup, currently two years old. We are aiming to relocate to San Francisco to be closer to our primary investor.

I understand that the International Entrepreneur Parole program has been reinstated. Could you provide details about this program and the application process?

— Joyous in Johannesburg

Dear Joyous,

Startup founders internationally can now experience a renewed sense of optimism regarding immigration opportunities! This positive change stems from the U.S. Department of Homeland Security (DHS) withdrawing its proposed rule to eliminate the International Entrepreneur Parole Program.

This is a significant development for startup founders worldwide. DHS recognizes that “qualified entrepreneurs who would substantially benefit the United States by fostering new businesses and generating employment for U.S. workers” should have access to “all available” immigration options.

International Entrepreneur Parole (IEP) permits founders to request a 30-month period of immigration status, with the potential for a further 30-month extension. Furthermore, spouses of IEP holders are eligible to apply for work permits.

The program is open to startups across a wide range of fields, including autonomous drone delivery, AI for law enforcement, anticancer drug discovery, and satellite technology.

To be eligible, you must demonstrate:

• Your startup is less than five years old.
• You possess at least a 10% ownership stake.
• Your role is central to the startup’s operations and you will actively manage it.
• The startup has secured at least $250,000 in funding from qualified U.S. investors, or $100,000 in government awards or grants.

IEP represents just one of the immigration strategies we explore to determine the optimal path for each unique startup founder. Xiaoyin Qu, an inspiring immigrant, recently shared her entrepreneurial journey.

She obtained an EB-1A green card and subsequently launched Run the World, a prominent events startup that has raised nearly $15 million from leading venture capitalists like a16z and Will Smith. Xiaoyin was also recognized on Forbes 30 Under 30 in 2021 and featured in Inc.’s Female Founders 100.

Her advice to entrepreneurs is: “Don’t be discouraged if you lack a role model – simply become one yourself. Pursue something considered impossible!”

Currently, our firm represents startup founders seeking IEP from India, Canada, and Germany, among other countries. These founders’ ventures have participated in renowned accelerators and collectively raised substantial capital from leading U.S. venture capital firms.

Some have also received U.S. federal government grants for economic development, research, and technology. They are developing innovative solutions in fintech, biotech, healthcare, and industries impacted by the pandemic, creating jobs for Americans.

For example, Neel Popat founded Donut, which helps Americans save for emergencies using DeFi (decentralized finance). Glen Wang founded The Third Place, connecting communities with local small businesses through subscription boxes, supporting those businesses affected by the pandemic.

Our clients’ startups have already generated numerous jobs for Americans and are well-positioned to secure additional funding and expand rapidly.

I am also collaborating with a member of Congress to draft a new Startup Visa law, with the hope of its introduction to the House of Representatives, to further support international entrepreneurship in the United States.

We envision a future where everyone has the opportunity to pursue their dreams, regardless of their origin. With the full reinstatement of International Entrepreneur Parole, the U.S. can solidify its position as a welcoming nation that embraces innovation, diversity, and the contributions of immigrants.

The U.S. is demonstrably open for business. IEP provides founders with increased opportunities to succeed, particularly in Silicon Valley and other U.S. tech hubs.

Here’s to new possibilities, Joyous!

Sophie

P.S. What is the difference between parole and a visa?

Parole is a distinct legal status from a visa and does not offer multiple-entry privileges, limiting travel options. Furthermore, individuals cannot change their immigration status from within the U.S. to International Entrepreneur Parole.

Instead, activation of the status requires entry into the U.S. from another country. To facilitate travel, founders may need to obtain a “boarding foil” from a U.S. Consulate in their home country. Alternatively, entry may be possible via a land border with Mexico or Canada, provided the individual has permission to enter those countries.

International travel while on IEP requires Advance Parole, which can take six months or longer to obtain. Many international founders prefer to remain within the U.S. rather than risk being stranded abroad.

Do you have a question for Sophie? Submit it here. We reserve the right to edit submissions for clarity and length.

Please note that the information provided in “Dear Sophie” is for general informational purposes only and does not constitute legal advice. For more information on the limitations of “Dear Sophie,” please review our full disclaimer. You can contact Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast platforms. She is currently accepting applications for potential guests!