International Entrepreneur Parole: A Guide for Sophie

Dear Sophie: Navigating Work Authorization for Spouses of Startup Founders

This is another installment of “Dear Sophie,” a resource dedicated to addressing immigration concerns specifically related to employment within the technology sector.

Sophie Alcorn, a Silicon Valley-based immigration lawyer, emphasizes the importance of these inquiries. She states that these questions are instrumental in disseminating knowledge, empowering individuals globally to overcome geographical limitations and achieve their professional aspirations.

Whether you are involved in human resources, are a company founder, or are actively seeking employment in Silicon Valley, your questions are welcome. Sophie invites submissions for her next column.

Exclusive Access for Extra Crunch Members: Subscribers gain weekly access to the “Dear Sophie” column. A 50% discount is available on one- or two-year subscriptions using the promo code ALCORN.

Dear Sophie,

I am a co-founder of a startup established several years ago and currently hold an O-1A visa.

My spouse is eager to re-enter the workforce; however, as you are aware, an O-3 visa does not grant work authorization. I understand that transitioning to International Entrepreneur Parole could potentially enable my wife to obtain a work permit.

Could you outline the procedures for securing Entrepreneur Parole and, subsequently, a work permit for my wife?

— Supportive Spouse in San Jose

Dear Supportive,

I am thrilled by the expanding possibilities presented by the reinstated International Entrepreneur Parole (IEP) program. It’s fantastic that your wife may be able to continue her career!

For a detailed overview of the parole entry process, required steps, and anticipated timelines – including when your wife can apply for an Employment Authorization Document (EAD) – please listen to my podcast.

Furthermore, I will be participating in a complimentary educational panel hosted by the National Venture Capital Association, featuring representatives from the U.S. Department of Homeland Security. You are welcome to attend this event tomorrow.

Although the IEP program has existed for over four years, the Department of Homeland Security only recently reactivated it after a previous attempt by the prior administration to dismantle it.

Given the relative novelty of the IEP program, I strongly advise collaborating with a seasoned immigration attorney during the application process. An attorney can also explore alternative pathways to facilitate your wife’s employment.

Key Considerations:

• O-1A Visa: A nonimmigrant visa for individuals with extraordinary ability or achievement.
• O-3 Visa: A dependent visa for spouses and children of O-1A visa holders, but does not allow for employment.
• International Entrepreneur Parole (IEP): Allows entrepreneurs to remain in the U.S. to pursue new business ventures.
• Employment Authorization Document (EAD): A document authorizing an individual to work in the United States.

Applying for Entrepreneur Parole: A Comprehensive Guide

The process of applying for Entrepreneur Parole requires completing the necessary application form and submitting it to U.S. Citizenship and Immigration Services (USCIS). Supporting documentation must be included to prove that your expanding startup will generate employment opportunities and provide substantial benefits to the U.S. economy.

For a more detailed understanding of the eligibility criteria for the International Entrepreneur Parole (IEP) program, refer to a previous "Dear Sophie" article or listen to the podcast, "International Entrepreneur Parole is back!".

Concurrent Filing for Dependents

Applications for Advance Parole can be filed simultaneously for your spouse and any children who are under 21 years of age and unmarried, allowing them to also seek parole.

Successful approval of your IEP application by USCIS will result in the issuance of a parole document. This document is valid for a period of 30 months and permits multiple entries into the United States.

An extension of this parole is possible, granting an additional 30 months, provided both you and your startup continue to satisfy the requirements for extension.

It is important to note that approval from USCIS does not automatically guarantee parole for you or your family members; it is merely a necessary step in the process.

Who Authorizes Parole?

The determination regarding a temporary stay in the U.S. – known as parole – and its duration rests with a U.S. Customs and Border Patrol (CBP) officer stationed at a U.S. port of entry, such as an airport. It's important to understand that there isn't a direct equivalent to a “change of status” in this process.

Consequently, if you and your family are already present within the United States, departure is required before re-entry. Upon returning, you must present your parole documentation to the CBP officer. Your immigration counsel should prepare you for potential questioning, advising on concise and truthful responses, as the officer holds the authority to approve or deny admission.

Obtaining a Boarding Foil

For those returning to the U.S. by air or sea, securing a boarding foil from a U.S. embassy or consulate is necessary. This foil, also referred to as a travel foil, is essential for boarding, particularly as your passport won't contain a visa stamp under the International Entrepreneur Parole (IEP) program.

Citizens of Canada traveling to a U.S. port of entry directly from Canada may present their approved parole document without needing additional travel documentation. We are also investigating the possibility of entry via the land border from Mexico for some clients, with further updates to follow.

Parole Duration and Renewal

While the IEP program permits an initial stay of up to 30 months, CBP officers retain the discretion to grant parole for a shorter period, such as one year. In such cases, you would need to exit and re-enter the U.S. to continue your stay. The officer will record the parole expiration date directly in your passport.

Extending parole beyond the initial 30-month period requires fulfilling the IEP extension criteria and submitting a new Entrepreneur Parole application. This ensures continued eligibility for the program's benefits.

• Key Point: The CBP officer has final authority.
• Important: Departure and re-entry are often necessary.
• Note: A boarding foil is required for air/sea travel.

Understanding EAD Eligibility for Spouses

Following your and your wife’s entry into the U.S. on parole, she becomes eligible to apply for an Employment Authorization Document (EAD). This document is commonly referred to as a work permit. It’s crucial to understand that employment cannot commence until the EAD is officially issued.

The validity period of the EAD is directly tied to the duration of the parole stay. Considering the present processing times at USCIS, the EAD’s lifespan may be limited to just a few months, necessitating a subsequent EAD application.

For spouses possessing specialized skills, exploring employment opportunities with companies prepared to sponsor a visa or green card could prove advantageous. The current U.S. labor market demonstrates a growing openness to investing in skilled international professionals, particularly within certain sectors.

Alternatively, if a permanent residency in the U.S. is the desired outcome, pursuing self-petitioning options like the EB-1A green card – designed for individuals with extraordinary ability – or the EB-2 NIW (National Interest Waiver) green card – for those with exceptional ability – should be considered.

A qualified immigration attorney can provide tailored guidance, helping you and your wife identify the most suitable immigration pathway.

Additional Resources and Information

We extend our sincere best wishes as you and your wife work towards achieving your aspirations.

Sincerely,

Sophie

Do you have a question for Sophie? Submit it here. Please note that we maintain the right to modify submissions for clarity and space considerations.

The content within “Dear Sophie” is intended for informational purposes only and does not constitute legal counsel. For a comprehensive understanding of the limitations associated with “Dear Sophie,” please refer to our complete disclaimer. Direct contact with Sophie is available through Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is accessible on all popular podcasting platforms. She is currently accepting applications from individuals interested in being featured as guests.