US Immigration Updates Rule To Simplify Entrepreneur Startup Visa Process
The United States Citizenship and Immigration Services (USCIS) has announced updated guidance for the International Entrepreneur Rule (IER), designed to help noncitizen entrepreneurs establish and grow startups in the U.S. The revised guidelines, which took effect on December 12, 2024, aim to simplify the application process and provide greater transparency for entrepreneurs seeking to contribute to the U.S. economy through innovative businesses.
The updated rule is intended to attract global talent, boost job creation, and promote economic growth by offering a clear and efficient process for entrepreneurs to obtain temporary residency. According to USCIS, the updates focus on providing guidance on the types of evidence needed to demonstrate the applicant’s central and active role in their startup and their potential to help the business grow.
Key areas of the update include:
- Clarification of Evidence Requirements: The updated guidelines offer clearer instructions on how applicants can prove their central role in their startup, specifying what types of evidence can support claims of the entrepreneur’s contributions to business success.
- Expanded Financial Support Criteria: The guidelines now include expanded criteria for evidence of financial backing, such as investments from U.S. investors or government grants. It also allows alternative forms of evidence, such as letters of intent or revenue documentation, to help strengthen the application.
- Public Benefit Evidence: The revised rule emphasizes the importance of demonstrating that the startup will provide significant public benefit. This is crucial for applicants seeking parole, as the program requires the business to contribute positively to the U.S. economy.
Additionally, the updated guidance provides more examples of qualifying investments, government awards or grants, and alternative evidence to support the application. It also outlines the types of evidence necessary to illustrate how the startup will benefit the public.
The IER allows foreign entrepreneurs to remain in the U.S. temporarily if their startup shows strong growth potential and public benefit. Entrepreneurs granted parole can work exclusively for their businesses, while their spouses are eligible to apply for work permits.
In addition to the policy updates, USCIS has revised parts of its Policy Manual to provide clearer guidance on documenting the entrepreneur’s role, qualifications, and the startup entity’s requirements. These revisions aim to streamline the application process, helping entrepreneurs better understand how to meet eligibility criteria and provide the necessary documentation.
