International Entrepreneur Parole Processing Time - Sophie's Answer

Navigating Immigration for Tech Professionals: A "Dear Sophie" Update

This is another installment of “Dear Sophie,” a resource dedicated to addressing immigration concerns relevant to those working within the technology sector.

Sophie Alcorn, a Silicon Valley-based immigration lawyer, emphasizes the importance of these inquiries. She states that your questions contribute significantly to the dissemination of knowledge, empowering individuals globally to overcome geographical limitations and achieve their aspirations.

Whether you are involved in people operations, are a company founder, or are actively seeking employment in Silicon Valley, your questions are welcome for consideration in future columns.

TechCrunch+ subscribers gain exclusive access to weekly “Dear Sophie” columns. A 50% discount is available on one- or two-year subscriptions using the promo code ALCORN.

Dear Sophie,

My co-founders and I are evaluating our eligibility for International Entrepreneur Parole.

What is the typical processing time for IEP approval? How does this timeframe compare with other avenues available to startup founders, and is spousal employment permitted?

— Committed COO

Dear Committed,

These are insightful questions! As the United States observes Thanksgiving tomorrow, I find myself reflecting on my gratitude for you and all those who contribute questions to this column, regardless of location.

Recently, my legal partner, Anita Koumriqian, and I discussed on our Thanksgiving-themed podcast the aspects of U.S. immigration we appreciate in 2021. We expressed our relief that U.S. Citizenship and Immigration Services (USCIS) decided to continue the International Entrepreneur Parole (IEP) program this year.

Previously, the Biden administration reversed a proposal from the prior administration that aimed to terminate the IEP program.

It is highly recommended to seek guidance from an immigration attorney experienced in preparing and submitting IEP applications. Keep in mind that the IEP is limited to a maximum of three individuals per startup.

Review these prior “Dear Sophie” columns for a detailed examination of the IEP qualifications and application procedures. An attorney can also assess alternative strategies tailored to your team’s specific circumstances.

 

Current IEP Processing Times Remain Undetermined

At present, the duration for USCIS to finalize IEP applications is not yet established, however, continued support is being provided to all potentially qualifying individuals seeking this immigration route.

The processing of IEP cases by USCIS commenced only recently this year, and the agency does not currently publish estimated processing timelines for Form I-941, the IEP application, on its official Case Processing Times page.

Currently, IEP applications are not included in the premium processing service, which provides a decision or evidence request within 15 calendar days for an additional fee. It is anticipated that as USCIS reviews a greater volume of these applications, Form I-941 will be incorporated into the agency’s published processing times.

Furthermore, the possibility of submitting an expedited request to USCIS remains available.

Preparation of our initial batch of IEP applications for startup founders began in early May. These applications were submitted to USCIS approximately three months ago, and we are presently awaiting adjudication. Updates will be provided, including a dedicated podcast episode discussing the IEP process and featuring an interview with an IEP recipient, once a decision is received.

Spousal Work Authorization Options

Certain work visas allow spouses who are dependents to request an Employment Authorization Document, commonly known as a work permit. Beyond the Investment Employment Program (IEP), your organization and its personnel may qualify for several alternatives, including the J-1 visa for cultural and educational exchange programs, the E-2 visa designed for treaty investors, and the E-3 visa specifically for Australian citizens in specialized fields.

The L-1A visa, intended for managers and executives transferred within a company, and the L-1B visa, for employees with specialized knowledge transferred internally, are also potential avenues. Processing durations for most of these visas, excluding the J-1, can extend to six months or more.

However, premium processing options are available for the E-2, L-1A, and L-1B visas, expediting the process. Consulting with an immigration lawyer is crucial to determine the most suitable options aligned with your specific timeline.

H-1B Visa Considerations

Spouses of H-1B visa holders are generally eligible for a work permit only if the primary H-1B visa holder has filed an I-140 immigrant petition for a green card, and that petition has received approval from USCIS.

Alternatively, eligibility arises if the primary H-1B holder qualifies for extensions under the American Competitiveness in the Twenty-first Century Act (AC21). Obtaining a green card can be a lengthy process, potentially taking several years depending on the green card category and the applicant's country of origin.

H-1B Visa and Employment Terms

It’s important to note that H-1B visas come with specific stipulations that can influence the employment conditions and equity arrangements for international founders. Refer to prior guidance regarding how a startup can sponsor an individual for an H-1B visa.

Alternative Sponsorship Opportunities

Due to the current competitive job market, companies are demonstrating increased willingness to sponsor individuals for work visas. Consequently, spouses of startup executives may be able to secure employment with a sponsoring employer, eliminating the need for a work permit.

This approach could also facilitate your startup's ability to sponsor your team for O-1A visas, which generally have the fastest processing times. O-1A visas are often a preferred route for highly skilled individuals.

• Key Visas for Spousal Work Authorization: J-1, E-2, E-3, L-1A, L-1B, H-1B.
• Premium Processing: Available for E-2, L-1A, and L-1B visas.
• Green Card Requirement: Often necessary for H-1B spouse work permits.

Green Card Pathways for Your Team

Securing green cards for your employees also grants work authorization to their spouses. Among the employment-based options, the EB-1A green card, designed for individuals with extraordinary ability, currently offers the fastest processing times and is frequently chosen by our founder clients.

The EB-1A category benefits from the availability of premium processing. Furthermore, the process for acquiring an EB-1A green card has been made more efficient recently.

Specifically, USCIS, under the current administration, has removed the requirement for mandatory interviews for employment-based green card applicants. This change is expected to alleviate the existing backlog in interview scheduling.

We extend our best wishes to you and your team as you navigate your immigration options and build your startup. As a reminder, the International Entrepreneur Parole (IEP) program is a relatively new initiative.

We are enthusiastic about its potential and recommend exploring whether it aligns with your circumstances.

Additional Resources

Should you have any questions for Sophie, please submit them here. We maintain the right to modify submissions for clarity and brevity.

Please note that the information contained within “Dear Sophie” is intended for general knowledge and does not constitute legal counsel. A complete disclaimer detailing the limitations of this column is available for review.

For direct legal assistance, you may contact Sophie at Alcorn Immigration Law.

Sophie also hosts the podcast, “Immigration Law for Tech Startups,” accessible on all popular podcasting platforms. She is currently accepting applications from those interested in being a guest.

• EB-1A: A green card option for those demonstrating extraordinary ability in their field.
• USCIS: The United States Citizenship and Immigration Services agency.
• IEP: International Entrepreneur Parole program.

Happy Thanksgiving!

Sophie