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International Entrepreneur Rule (IER) Basics

Updated: Dec 1, 2024



Unlocking the Gateway to U.S. Innovation

  • Are You Ready to Transform Your Startup Dreams into Reality?

  • Discover How the International Entrepreneur Rule Can Propel Your Business!


Meet Your Guide and Unveil the IER

Welcome to The Mays Law Firm, PLLC! Today, we're diving into the International Entrepreneur Rule (IER) - a game-changer for global entrepreneurs. We'll explore how this rule can help you establish and grow your startup in the U.S.


Understanding the Basics of IER

The International Entrepreneur Rule (IER) is designed to provide a pathway for international entrepreneurs to build and scale their startups in the United States. Essentially, it allows entrepreneurs who meet certain criteria to be granted parole, enabling them to work in the U.S. for up to five years. This rule is a golden opportunity if you're looking to leverage the vast resources, market potential, and innovative ecosystem of the U.S.


Eligibility Criteria for Entrepreneurs


To qualify under IER, you must demonstrate that you meet several key criteria:

  1. Substantial Ownership Interest: You need to own at least 10% of a startup entity created within the past five years in the U.S.

  2. Active Role: You must have a central and active role in the startup, positioning you to significantly drive its growth and success.

  3. Significant Public Benefit: You should prove that your startup will provide a substantial public benefit to the U.S., typically through investment, grants, or compelling evidence of potential growth and job creation.


Substantial Ownership Interest Explained

Having a substantial ownership interest means that you hold at least a 10% stake in your startup. This requirement ensures that you have a significant commitment and vested interest in the success of your business. It's not just about having a share; it's about being deeply involved and invested in the journey of your startup.


Active Role in the Startup: What It Means

Your role must be more than just titular; you need to be actively involved in day-to-day operations and strategic decisions. This means you are:

  • Leading key business initiatives

  • Making critical decisions that impact growth

  • Engaging with stakeholders, investors, and partners

In short, you must be indispensable to your startup's trajectory towards success.


Demonstrating Significant Public Benefit

One of the cornerstone requirements of IER is showing that your startup will bring significant public benefit to the United States. This can be demonstrated through:

  • Investment: Securing substantial investment from qualified U.S. investors.

  • Grants or Awards: Receiving significant grants or awards from federal, state, or local government entities.

  • Additional Evidence: Providing other reliable and compelling evidence showing your startup’s potential for rapid growth and job creation.


Qualified U.S. Investors: Who They Are

Qualified U.S. investors are individuals or organizations with an established record of successful investments in startups. These investors typically include:

  • Venture capital firms

  • Angel investors

  • Accelerators and incubators

To meet IER requirements, your startup should receive at least $250,000 from these qualified investors within 18 months preceding your application.


Securing Government Grants and Awards

Government grants and awards can also bolster your IER application. These are typically given for:

  • Economic development

  • Research and development

  • Job creation initiatives

Securing such funding demonstrates that government entities believe in your startup’s potential and are willing to invest public resources into its success.


Providing Additional Compelling Evidence

If you partially meet either investment or grant criteria, you can still qualify by providing additional compelling evidence of your startup’s potential for rapid growth and job creation. This could include:

  • Revenue growth metrics

  • Customer acquisition rates

  • Market traction data

  • Strategic partnerships

The goal is to present a robust case that underscores your startup’s promise and impact.


Meriting Favorable Discretion: Key Points

The final hurdle is demonstrating that you merit a favorable exercise of discretion by immigration authorities. This involves:

  • Showing a clean background with no criminal history

  • Demonstrating good moral character

  • Providing comprehensive documentation supporting all claims made in your application

This ensures that only those entrepreneurs who truly add value are granted parole under IER.


Parole for Spouses and Children: What You Need to Know

Your family can join you on this entrepreneurial journey! Spouses and children can also apply for parole under IER if they demonstrate:

  1. Independent Eligibility: They must show significant public benefit or urgent humanitarian reasons.

  2. Favorable Discretion: Like entrepreneurs, they must merit favorable discretion from immigration authorities.

Spouses may even apply for work authorization once they are paroled into the U.S., allowing them to contribute economically while supporting your entrepreneurial endeavors.


Recap of Key Takeaways

To sum up, here are the key points about IER:

  1. It offers a unique pathway for international entrepreneurs to establish startups in the U.S.

  2. You need substantial ownership (at least 10%) in a recent (within 5 years) U.S.-based startup.

  3. Active involvement in driving your startup's growth is crucial.

  4. Demonstrate significant public benefit through investments, grants, or compelling evidence.

  5. Ensure you meet all criteria for favorable discretion.

  6. Your family can also benefit from parole under this rule.


Ready to Transform Your Startup Journey?

The International Entrepreneur Rule opens doors to unparalleled opportunities for ambitious entrepreneurs like you. If you're ready to take this exciting step towards building your dream startup in the U.S., we're here to help!


Visit The Mays Law Firm, PLLC for Expert Guidance

At The Mays Law Firm, PLLC, we specialize in guiding entrepreneurs through complex immigration processes like IER. Our expertise ensures that you have all the support you need to navigate these regulations successfully.


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Seize this opportunity today – let's turn your entrepreneurial vision into an American success story!


 

Reach out to us at contact@mayslawyer.com to discuss your options.

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DISCLAIMER - Antionette Mays-Salami is an attorney licensed to practice law in Texas only. Note that none of the contents in this website should be taken as engaging, or offering to engage, in any activities in a jurisdiction where those activities would be considered the unauthorized practice of law or would otherwise be unlawful or improper. The content of this website are for informational and educational purposes only, they do not constitute legal advice nor should be considered legal advice. This website visit does not create an attorney-client relationship. For legal advice please consult with an attorney.

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