Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm - United States
Aug 26, 2016

GAMECHANGER: USCIS Publishes Advance Version of Notice of Proposed Rulemaking for International Entrepreneurs

Matthew Galati

Today U.S. Citizenship and Immigration Services (USCIS) published an advance copy of their proposed new regulatory rule that would allow certain international entrepreneurs consideration for parole (temporary permission to be in the United States). Aimed at startups, the rule is intended to facilitate entrepreneurs ‘ abilities to legally start or scale a businesses here in the United States.
The proposed parole, to be awarded on a case-by-case basis, puts forth the following criteria:

  • Formation of a new, US-based start-up entity – the relevant entity needs to have been formed within the past three years;
  • Entrepreneurial Applicant – the applicant must show that he or she has a significant ownership interest in the startup (at least 15 percent) and has an active and central role to its operations. The applicant cannot be a mere investor.;
  • Demonstration of potential for rapid business growth and job creation, evidenced by
    • Receipt of at least $345,000 in capital from qualified US investors;
    • Receipt of at least $100,000 government awards or grants; or
    • Partial satisfaction of one of the above, combined with “reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation.”

    Parole would be awarded for up to two years for such entrepreneurs and their dependents. Spouses would be permitted to apply for employment authorization. No more than 3 entrepreneurs could receive parole with respect to any one qualifying entity. Re-parole “extensions” would also be available for a period of up to three years, with separate qualifying criteria showing signs of significant growth since the initial grant of parole. The maximum period of parole would be five years.

    This announcement is a welcome development following the Obama Administration’s executive actions announced in 2014. Proposals for codified start-up visas have languished in Congress. Once published, interested persons may issue comment on the rule for 45 days for USCIS’ further consideration.

    Related Team

    IMG_8112

    Matthew Galati

    215-395-8959

    215-395-8959

    email Matthew

    Philadelphia (US Headquarters)

    Full Biography

    Matthew Galati

    Recent Blogs

    Oct 19, 2020

    USCIS Announces Increased Premium Processing Fees Effective October 19, 2020

    Starting October 19, 2020, the fee for Premium Processing, will be $2,500 (previously $1,440) for all filings except those requesting H-2B (non-agricultural seasonal worker) or R-1 (Religious Worker) status, for which the new fee is $1,500 (previously $1,440).Any filings post-marked on or after October 19th must include the new fee amount. Any Form-1-907 postmarked on or after October 19th with the incorrect fee amount will be rejected and the fee returned.

    Oct 13, 2020

    US and European Partners are Moving Towards Reopening Transatlantic Travel by Adopting New Pandemic Protocols

    KEY POINTS: • Foreign nationals who wish to travel to the United States from Europe either must fit into one of the travel restriction exceptions or obtain advance permission to board a plane to the U.S. • In the alternative, they may travel to a third country and quarantine there for two weeks prior to coming to the United States. • The U.S. and overseas partners are anxious to relax those restrictions. Advanced COVID-19 airport testing may provide a solution. • We expect some testing of these technologies followed by the announcement of new travel protocols in time for the winter holidays.

    Oct 09, 2020

    Biden Vs. Trump Comparison

    As we approach the November elections it has never been clearer that this country faces upheaval and challenges that will bring about dramatic, lasting, and hopefully vital changes to our nation and its people. Here, we compare how the two candidates have and will handle immigration policy in the United States.