U.S. Citizenship and Immigration Services provided updated guidance and a detailed FAQ on the International Entrepreneur Rule (IER).

Key Points:

• IER grants foreign national entrepreneurs who have a startup business and meet certain qualifications a period of stay, or parole, of up to 2½ years. The parole may be renewed for another 2½ years (for a maximum of 5 years) if additional benchmarks are met.
• IER applicants may be either living abroad or already in the United States.
• Up to three entrepreneurs per startup are eligible for IER.
• An approved entrepreneur’s spouse and children may be eligible for parole; spouses may also be eligible for employment authorization.
• USCIS stated that the agency is “actively working new applications with no backlog.”

Additional Information: The Obama administration issued IER in early 2017. The Trump administration then tried to rescind the measure after Trump took office, but a federal court ruled in favor of business groups that sought to keep the program. More information about IER is available here.

BAL Analysis: The updated guidance provided by USCIS clarifies the qualifications required for IER and is intended to encourage eligible individuals to apply for the program.