The International Entrepreneur Rule (IER) allows qualified foreign startup founders to temporarily live and work in the United States for up to five years if their startup can demonstrate significant public benefit, such as potential for rapid growth, job creation, or innovation.
Introduced by U.S. Citizenship and Immigration Services (USCIS) in 2017, the IER offers a parole-based pathway for international entrepreneurs who may not qualify for traditional U.S. work visas such as the H-1B, O-1, or L-1.
Important: IER is not a visa; it’s a discretionary grant of parole, meaning entry and stay are approved on a case-by-case basis.
Check Also: USA Gold Card Visa – Path for Skilled Workers and Investors
Eligible Candidates:
To qualify for parole under IER, a startup founder must meet the following criteria:
1. Entrepreneurial Role
- Must own at least 10% of the U.S. startup at the time of initial application.
- Must play a central and active role in the operations and growth of the company.
- For re-parole, ownership may drop to 5% minimum, but the role must continue to be active.
2. Qualified Startup
- Formed in the U.S. within the past 5 years.
- Has potential for significant growth, job creation, and public benefit.
- Is actively operating and not primarily focused on passive investment or trading.
3. Demonstrated Public Benefit
To show potential benefit to the U.S. economy, at least one of the following must be met:
- $264,147 or more in investment from qualified U.S. investors (VC firms, angel investors, accelerators).
- $105,659 or more in U.S. government grants or awards (federal, state, or local).
- Alternative evidence: customer traction, revenue growth, or strategic partnerships.
How to Apply for U.S International Entrepreneur Rule (IER) 2026?
Here’s a step-by-step breakdown of the application process:
1. File Form I-941 with USCIS
- Submit Form I-941 (Application for Entrepreneur Parole).
- Pay the required $1,200 filing fee + $85 biometrics fee.
2. Prepare Supporting Documents
Provide evidence in these categories:
| Requirement | Examples of Acceptable Evidence |
|---|---|
| Ownership & Role | Equity documents, board resolutions, job descriptions |
| Startup Legitimacy | Articles of incorporation, IRS tax filings, contracts |
| Investment or Grants | Investor term sheets, grant award letters, funding transfers |
| Business Operations | Office leases, payroll records, product/service invoices |
| Public Benefit (Alt. Proof) | Market research, customer contracts, media coverage |
3. Attend Biometrics Appointment
Once accepted, you’ll be asked to provide fingerprints and a photo.
4. Obtain a Boarding Foil
If you’re outside the U.S., request a boarding foil from a U.S. consulate to be allowed to board a U.S.-bound flight.
Benefits for Family Members:
- Spouses and unmarried children under 18 can also be paroled.
- Spouse may apply for an Employment Authorization Document (EAD) using Form I-765.
- Children are not eligible to work but may attend school.
Re-Parole:
Founders can apply for a second 30-month period (total of 5 years) by showing continued benefit:
| Re-Parole Requirement | Required Evidence |
|---|---|
| Ownership (≥ 5%) | Updated equity documents |
| Active Role | Job description, strategic decisions |
| Public Benefit | One of the following: – Additional $500,000 investment – 5+ jobs created – $500,000 in annual U.S. revenue |
If full thresholds are not met, partial compliance plus compelling evidence of future potential may be accepted.
IER vs Other U.S. Startup Visas
| Category | IER | O-1 | H-1B | E-2 |
|---|---|---|---|---|
| Visa Type | Parole | Work Visa | Work Visa | Treaty Visa |
| Startup Founder Friendly | Yes | Yes | Not Ideal | If your country has a treaty |
| Job Offer Required? | No | No | Yes | No |
| Investment Required | Yes | No | No | Yes |
| Family Spouse EAD? | Yes | Yes | No | Yes |
| Citizenship Pathway? | Indirect | Yes | Yes | No |
Additional Information:
- No traditional visa or sponsor needed.
- Work authorization for spouse.
- Pathway to longer-term immigration options.
- Minimal physical presence (only need to remain “paroled”).
- Supports innovation and economic growth in the U.S.
Frequently Asked Questions:
-
Can I bring my family under the IER?
Yes. Spouses and unmarried children under 18 can be paroled into the U.S.
Spouses may apply for work authorization (Form I-765), but children cannot work. -
Is the IER a visa?
No, the IER grants “parole”, not a visa. It allows you to enter and stay in the U.S. temporarily at the discretion of U.S. Citizenship and Immigration Services (USCIS).
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What is the International Entrepreneur Rule (IER)?
The IER is a U.S. immigration program that allows qualified foreign startup founders to live and work in the U.S. temporarily (up to 5 years) if their business demonstrates potential for rapid growth and public benefit to the U.S. economy.
