The International Entrepreneur Rule has been reinstated…for now

Earlier this month a district court reinstated the International Entrepreneur Rule (“IER”), which allows individuals who meet certain criteria to live and work in the United States for up to three years. U.S. Citizenship and Immigration Services (“USCIS”) has also announced that they will accept applications under the IER though, at the same time, USCIS is proposing to end this rule.

Currently, the IER allows applicants work for start-up companies. These entrepreneurs need to show that their “entry into the United States would provide a significant public benefit through the substantial and demonstrated potential for rapid business growth and job creation.” Key defined criteria for this include:

1. Entity must be less than three years old
2. Entity must be able to demonstrate potential for rapid growth
3. IER applicant must own substantial interest in the company and must maintain that interest throughout the parole period
4. Applicant must have a central role in the business that is important to the entity’s success
5. The business entity must have received significant financial investment

For entrepreneurs and business-people looking to eventually enter and remain in the United States through the EB-5 visa program, this change may be quite interesting. The IER has historically been relevant particularly to E1 and E2 visa seekers, but it is possible that this rule may enable EB-5 seeking entrepreneurs to improve their likelihood of admittance into the United States.

Please reach out to Mark Ivener if you think that the IER may be useful in supporting your EB-5 process.