USCIS Updates Guidance on Evidence for International Entrepreneur Parole

On 12.Dec.2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance in the USCIS Policy Manual expanding the types of evidence that can be used to satisfy certain requirements for international entrepreneur parole, and specifically, to demonstrate the applicant’s central and active role in the startup, proof of investment in the startup, and the startup’s significant public benefit.

Background

The international entrepreneur parole program is aimed at expanding the immigration options for foreign entrepreneurs who help the U.S. economy by creating jobs, generating revenue, and attracting further U.S. investment. The program provides qualifying foreign nationals with temporary permission to work in the United States for a startup business that meets certain established criteria, as explained in the MurthyDotCom InfoArticle, USCIS Restores Parole Program for International Entrepreneurs (26.May.2021).

Highlights of the New Guidance

Among the eligibility requirements for international entrepreneur parole are that the applicant must (1) have a central and active role in the startup entity and (2) be well positioned to assist with the startup’s growth and success. The new guidance distinguishes between these two aspects and specifies the evidence that can demonstrate the applicant’s qualification for each.

An applicant must also evidence that a startup has substantial and demonstrated potential for rapid business growth and job creation, either through investments, government grants, or alternative evidence. The new guidance provides specific examples of evidence that can demonstrate investments. Additionally, while government grants typically are demonstrated with grant letters or other official documentation, the new guidance expands the evidence for government grants to include news reports or other potentially sufficient evidence. In certain cases, other reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation can be used. The updated guidance expands the list of alternative evidence to include the applicant’s prior start-up successes, the applicant’s academic degrees, and the startup’s participation in a reputable accelerator or incubator.

Finally, an applicant must demonstrate that the startup will provide a significant public benefit to the U.S. with its rapid growth and job creation potential. The new guidance adds additional evidentiary options for this criterion. These include evidence of revenue generation and evidence the startup is focused on the development of new technologies or cutting-edge research or a critical and emerging technology or other science, technology, engineering, and math (STEM) area important to U.S. competitiveness.

Conclusion

While this update to the USCIS Policy Manual does not represent a major substantive shift in what is required to qualify for the international entrepreneur parole, it does provide more clarity as to what evidence can be used to demonstrate eligibility. This should help facilitate stronger filings of international entrepreneur parole applications and help broaden the pool of potential applicants. The Murthy Law Firm has successfully filed applications for international entrepreneur parole and encourages interested entrepreneurs to schedule a consultation for additional guidance.

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