News Release from Jewell Stewart & Pratt PC U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule that would allow certain international entrepreneurs to be considered for parole – temporary permission to be in the United States – so that they may start or scale their businesses here. The rule would guide the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities whose entry into the United States would provide a significant public benefit. Under this rule, the Department of Homeland Security would be able to parole, on a case-by-case basis, eligible entrepreneurs of startup enterprises:
- Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations.
- Whose startup was formed in the United States within the past three years.
- Whose startup has substantial and demonstrated potential for rapid business growth and job creation – as demonstrated by receipt of significant investment from qualified U.S. investors, or receipt of significant awards from certain government entities (or other evidence, if either or both of these criteria is partially satisfied.)
If granted, parole would provide an initial stay of up to two years (extendable up to an additional three years) to facilitate the applicant’s ability to oversee and grow the start-up entity. A subsequent request for re-parole would be considered only when the entrepreneur and the start-up entity continue to provide a significant public benefit, as evidenced by substantial increases in capital investment, revenue, or job creation.
Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. Read USCIS’ full press release on its website, here.
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