International Entrepreneur Rule

A runway in the United States for founders who have already raised.

The International Entrepreneur Rule lets the Department of Homeland Security grant a founder up to five years of authorized stay to build a U.S. startup, without a sponsoring employer, a lottery, or a degree in a specialty occupation. What it asks for instead is proof: real ownership, a real operating role, and real money from investors or a government agency that the record can verify.

It is a demanding filing and a narrow one. It is also, for a venture-backed founder who does not fit H-1B or O-1A, often the cleanest path on the board. Marina Global Mobility builds these cases from the evidence up, and tells you early and plainly when a different visa is the better bet.

At a glance

Legal mechanism
Discretionary parole, not a visa or a statusGranted case by case under 8 C.F.R. § 212.19
Initial period
Up to 2.5 yearsRe-parole can add up to 2.5 more, for a 5-year maximum
Founders per startup
Up to 3Each files a separate application
Work authorization
Automatic, for the startup onlyNo separate Form I-765 for the entrepreneur
Family
Spouse and minor childrenThe spouse may apply for open-market work authorization
Application
Form I-941Filed by mail at the USCIS Dallas Lockbox

What the rule actually does

Parole for significant public benefit, granted one founder at a time.

Under the International Entrepreneur Rule, DHS may use its parole authority to allow a founder to enter and remain in the United States when the founder's startup shows substantial potential for rapid growth and job creation, and when the founder personally merits a favorable exercise of discretion. The theory is straightforward: a company that has already attracted serious American capital will create American jobs, and the founder should be here to build it.

Two things follow from the fact that this is parole rather than a visa. The first is that nobody has to sponsor you. There is no petitioning employer, no labor condition application, no cap, and no lottery. The second is that parole is not an admission, which constrains what you can do once you are here. Both points are covered below, and both belong in the conversation before you file.

The founder

Ownership and a real operating role

You need at least a 10 percent ownership interest in the startup when USCIS decides your initial application, and a central, active role in running it. Passive investors do not qualify. USCIS also asks that you be well positioned, because of your knowledge, skills, or experience, to substantially advance the business.

The company

A young U.S. entity with real backing

The startup must be a U.S. business entity lawfully doing business here, formed within the five years immediately before you file. It must show substantial potential for rapid growth and job creation, which it normally does through a qualified investment, a qualified government award or grant, or a combination of partial funding and other compelling evidence.

The numbers

The dollar thresholds, and what they are counting.

These amounts adjust every three years by the Consumer Price Index. The figures below took effect on October 1, 2024 and apply to applications filed on or after that date.

RequirementAmountWindow
Qualified investment from one or more qualified investors $311,071 Received in the 18 months immediately before filing Form I-941
Qualified award or grant from a U.S. federal, state, or local government entity $124,429 Received in the 18 months immediately before filing Form I-941
Investor's own track record: total invested across startups $746,571 Across the five years preceding your filing
Investor's own track record: revenue at two of those portfolio companies, or five qualified jobs each $622,142 After the investment, with average annualized revenue growth of at least 20 percent
Re-parole: funding, or U.S. revenue, reached during the first parole period $622,142 Or five qualified jobs created, as an alternative to either figure

A qualified investment means the investor purchased equity, convertible debt, or another security convertible into equity of the kind ordinarily used to finance companies in your industry. A bank loan or a personal loan that does not convert into equity will not count, and neither will money you put in yourself or money from an immediate relative or an entity your family controls. The investment or grant must go to the startup entity itself, not to a parent, subsidiary, or affiliate.

A qualified investor must be a U.S. citizen or lawful permanent resident, or a U.S. organization majority owned and controlled by U.S. citizens or lawful permanent residents, that regularly makes substantial investments in startups. Most established American venture funds clear this. Angel syndicates, foreign funds, and newly formed vehicles frequently do not, and that is worth checking before you build a filing around a particular check.

If you fall short of the thresholds

Partial funding is not the end of the analysis.

Alternative criteria

Build the growth story on the rest of the record.

The rule anticipates that a company can be plainly on its way without hitting a fixed dollar figure. If your startup has raised less than the qualified investment or government grant threshold, you may still establish substantial potential for rapid growth and job creation through other reliable and compelling evidence.

This is where the case is won or lost for a large share of founders, and it rewards a filing that is assembled deliberately rather than assembled quickly. The evidence is not limited to any particular list.

What that evidence can look like

  • User, customer, and revenue growth curves
  • Additional fundraising, including through crowdfunding platforms
  • Selection into an established, reputable accelerator or incubator
  • The startup's social impact, national scope, or effect on its region
  • Patents and other intellectual property tied to your work
  • Your academic credentials and prior startup outcomes
  • Work in a critical and emerging technology field

One caution worth stating clearly: alternative evidence can substitute for the size of a raise, but never for the identity of the investor. If a check does not come from someone who meets the definition of a qualified investor, no amount of supporting evidence converts it into a qualified investment. The workaround is to plead the case both ways on Form I-941, which the rule expressly allows.

The record

What a well-documented I-941 contains.

USCIS weighs the credibility, relevance, and probative value of everything you submit, and may look to open sources to corroborate it. The goal is a file that answers the officer's questions before the officer has to ask them.

Proving you

Ownership, role, and capability

  • Organizational documents, equity ledger, certificates, and cap table showing your stake
  • Your employment agreement with the startup
  • Statements from co-founders or company leadership describing your day-to-day role
  • Your résumé or CV, degrees, and documented prior startup results
  • Letters from investors, government agencies, or business associations that know the work
  • Press coverage and recognition of you or the company
  • Patents obtained through your efforts
Proving the company

Formation, funding, and momentum

  • Articles of incorporation or formation, with evidence of lawful operation since
  • Equity purchase agreements, convertible debt agreements, and equity certificates
  • Bank records and wire transfers tracing the money into the entity
  • Audited financial statements and capitalization tables
  • Investor qualification proof: passport or green card, ownership structure charts, organizational documents
  • The investor's own portfolio record, including tax, payroll, and Form I-9 records at other companies
  • Grant or award notices, with evidence the agency regularly funds startups

How the filing runs

From assessment to the port of entry.

1Assessment

Test the case before you build it

We map your cap table, the timing and source of every check, and the company's formation date against the rule. If the investor does not qualify or the 18-month window has closed, you learn that in the first conversation, not after a Request for Evidence.

2Assembly

Build the evidentiary record

We collect and organize the ownership, funding, and growth documentation, draft the narrative that ties it to the regulatory criteria, and prepare Form I-941 along with any Form I-131 for your spouse and children.

3Filing

File and complete biometrics

The application goes to the USCIS Dallas Lockbox by mail. Every applicant, including family members and applicants abroad, must give fingerprints and a photograph. We track the notices and keep your addresses current so nothing goes to the wrong place.

4Entry

Turn approval into parole

Approval of Form I-941 is not the grant of parole. Depending on where you are, that means consular processing and a boarding foil, or travel documentation and a final determination by CBP at a port of entry. We prepare you for that last step, which is the one people underestimate.

Filing address, U.S. Postal Service

USCIS
Attn: IER
PO Box 650890
Dallas, TX 75265

Filing address, FedEx, UPS, and DHL

USCIS
Attn: IER (Box 650890)
2501 S. State Highway 121 Business, Suite 400
Lewisville, TX 75067

Common questions

International Entrepreneur Rule FAQ

Do I need a job offer or a sponsoring employer?

No. You apply for yourself, on the strength of your ownership and role in your own company. There is no petitioning employer, no labor condition application, no annual cap, and no lottery. What replaces all of that is the evidentiary burden on you and the company.

How much of my company do I have to own?

At least 10 percent at the time USCIS decides your initial application, and at least 5 percent at the time it decides a request for re-parole. Ownership alone is not enough. You also have to hold a central and active role in the operations of the business, documented through your employment agreement and statements from people in a position to describe what you actually do.

Can I apply if my startup raised from angels or a foreign fund?

Possibly, but not on the qualified investment theory. A qualified investor has to be a U.S. citizen or permanent resident, or a U.S. organization majority owned and controlled by them, with a documented history of substantial investments in startups that went on to create jobs or generate revenue. Money from a foreign fund, from you, or from a family entity does not count toward the threshold. It can still support the alternative criteria showing, and a well-built case often pleads both theories.

What if we have not raised the full $311,071?

You can still qualify under the alternative criteria by showing substantial potential for rapid growth and job creation through other reliable and compelling evidence: user and revenue growth, further fundraising, accelerator selection, patents, national scope, regional impact, and your own record. Partial funding plus a strong supporting record is a recognized route, not a workaround.

Can more than one founder apply from the same startup?

Yes. Up to three entrepreneurs per startup entity can be granted parole under the rule. Each files a separate Form I-941 and each has to independently meet the ownership, role, and capability requirements.

Can my spouse work?

Yes, after being paroled into the United States. Your spouse files Form I-765 under eligibility category (c)(34) with evidence of the parole and of the marriage, and the resulting Employment Authorization Document is not tied to any particular employer. Children of an entrepreneur cannot obtain work authorization through this parole. Submitting the spousal Form I-765 before your spouse has been paroled in risks denial without a refund of the fee.

I am in the United States on an F-1 or B-1 right now. Can I file?

You can file, but understand what approval means. Because parole requires an arrival, you would generally have to depart the United States and be paroled back in at a port of entry. A pending or conditionally approved application does not extend your current authorized stay, so the timing of the departure has to be worked out in advance rather than improvised.

How long does it take?

Form I-941 is not eligible for premium processing, so there is no way to buy a fixed timeline. Expedite requests can be made and are granted at the sole discretion of USCIS. Where the case is processed abroad, the consular stage can move within weeks of a conditional approval, but it depends on appointment availability at the post. We build in schedule margin rather than assuming the best case.

Does the parole lead to a green card?

Not by itself, and not directly. Parole is not an admission, so adjustment of status from inside the United States is generally unavailable. The rule is designed to give you up to five years to reach a more durable option, most often an O-1A, an E-2, an H-1B, or an employment-based immigrant category such as EB-1A or the EB-2 national interest waiver. That transition should be planned from the start.

How does the startup complete Form I-9 for me?

An entrepreneur granted parole is typically an employee of the startup entity and completes Form I-9 like anyone else. For List A, the documents are your foreign passport together with a Form I-94 showing entrepreneur parole, class of admission PE-1, in the same name as the passport and with an unexpired endorsement that does not conflict with the proposed employment.

Tell us about the round.

Send the cap table, the formation date, and who wrote the checks. You will get a straight read on whether the International Entrepreneur Rule fits, or which visa fits better.

1050 30th St NW, Washington, DC 20007