International Entrepreneur Parole (IEP) Program
Kyle Huffman • July 14, 2022
The revitalization of a temporarily suspended program last year brought of excitement for entrepreneurs, but what has happened since?
The International Entrepreneur Parole program (also called the International Entrepreneur Rule) has had a complicated history. What was designed to become a relatively simple and straightforward new option for entrepreneurs to launch start-ups in the U.S. has become a confusing, lengthy process fraught with uncertainty, rendering it one of the least desirable pathways to legally create a startup company in the United States for foreign nationals.
The IEP was initially created during the Obama administration in January 2017, during Obama’s lame duck session. In theory, the program sounded like an excellent opportunity to open more legal pathways for entrepreneurs to create businesses in the U.S., further boosting the U.S. economy and easing the burden of more intensive immigration options. An individual who wanted to pursue this program would have to show that they meet the following criteria:
- Substantial (at least 10%) ownership interest in a start-up entity that has potential for rapid growth and job creation
- The entrepreneur must have a central and active role in the start-up entity
- The start-up entity must have been created in the U.S. within the last five years
However, what was a great concept in theory has not translated into a valuable or functional program in practice. Shortly after the program was introduced late into Obama’s second term, legal challenges to the program were brought by the new Trump administration. This caused the program to be in a state of limbo while challenges made their ways through the courts. The program was available for a brief period between December 2017 and May 2018 after a federal court vacated the rule suspending the program. However, that suspension ended up being short lived due to DHS announcing in May 2018 that the program was being removed. In June of 2021, the Biden administration reinstated the IEP program.
Despite the program now being active for more than a year, it is still failing to achieve its goal of restoring faith in the United States’ immigration system. There were a handful of IEP program applications filed in the period between December 2017 and May 2018, which resulted in only one successful IEP
application under the Trump administration that we have found.
Since the relaunch of the IEP program in May 2021, hundreds of applications have been filed by dozens of immigration law practitioners. However, there are still minimal reports of successful applications. Furthermore, premium processing is not currently available for IEP program applications, and USCIS does not publicly post processing times for these applications. This makes it almost impossible for practitioners to accurately estimate the complete timeline for an IEP application. In addition to the general lack of successful applications, the applications that are receiving responses have been requests for evidence reportedly containing significant sections of boilerplate language.
With so much uncertainty around the processing time for these applications, and the lack of significant numbers of successful results with over a year of time since the program’s reactivation, it is no wonder why practitioners have been frustrated with the Biden administration over this program.
In February of 2022, a coalition of immigration attorneys and industry stakeholders came together to create the Coalition for International Entrepreneurship, which authored an open letter to the Biden administration advocating for changes to improve the IEP program. Some of the suggested changes include publicly posting the processing times for form I-941, expanding premium processing to the IEP program, and changing the department within USCIS that is responsible for adjudicating IEP application to another department that is already trained in handling more similar types of applications. Implementing these changes would go a long way to improving the International Entrepreneur Parole program and would ultimately help the Biden administration of achieving its goal of restoring faith in the U.S. Immigration system. Hopefully, the Biden administration will implement these changes soon and help the IEP program achieve its full potential.
If you have any questions about what the International Entrepreneur Parole program means for you, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
This Facebook widget is no longer supported.
Kyle Huffman
Similar Posts
Embarking on the exhilarating journey of launching a new tech startup in the United States is a venture that blends innovation with ambition, and the dynamic landscape of the country offers an unparalleled stage for entrepreneurs to turn their groundbreaking ideas into thriving businesses. The United States highly values its position among the technology leaders of the world. In a nation fueled by a relentless pursuit of technological advancements, the process of bringing a startup to life involves navigating through a myriad of opportunities, challenges, and regulatory landscapes. This is particularly true for foreign entrepreneurs, who must also navigate the immigration system in addition to focusing on launching their businesses. Nevertheless, the United States recognizes the value in bringing technological innovators into the country and has created special considerations for immigrants with education in STEM (Science, Technology, Engineering, and Mathematics) who are seeking to develop important cutting-edge technologies in the United States. These special considerations apply to the EB-2 National Interest Waiver, an immigrant visa classification which leads to permanent residency, and eventually citizenship in the United States. At the heart of every EB-2 National Interest Waiver petition is a proposed endeavor, and while these proposals for the United States can be about nearly anything, the Immigration Service is directed to recognize particular importance for proposals that aim to develop specific technologies that the Biden administration has identified as critical for U.S. competitiveness and national security. In particular, these areas of critical and emerging technologies include: Advanced Computing Advanced Engineering Materials Advanced Gas Turbine Engine Technologies Advanced Manufacturing Advanced and Networked Sensing and Signature Management Advanced Nuclear Energy Technologies Artificial Intelligence Autonomous Systems and Robotics Biotechnologies Communication and Networking Technologies Directed Energy Financial Technologies Human-Machine Interfaces Hypersonics Networked Sensors and Sensing Quantum Information Technologies Renewable Energy Generation and Storage Semiconductors and Microelectronics Space Technologies and Systems If you are a tech entrepreneur with an education in a STEM field, seeking to launch a startup in the U.S. developing any of these technologies, the EB-2 National Interest Waiver might be your ticket to permanent residency. Whether you're drawn to the iconic landscapes of Silicon Valley or the emerging tech scenes across the nation, the time is now to make your mark. If you are interested in applying for a National Interest Waiver to launch a startup in the United States, schedule an appointment with one of our skilled attorneys.
In the landscape of U.S. immigration law, the pursuit of an employment-based green card can be a significant milestone for foreign nationals aspiring to establish their careers in the United States. Among the various pathways available, self-sponsorship for an employment-based green card stands out as an option that grants individuals the ability to sponsor their own immigration journey, offering a unique opportunity for skilled professionals and entrepreneurs. Traditionally, most employment-based green card categories require an employer to sponsor the foreign national, demonstrating the need for their skills or expertise. However, certain visa categories permit self-sponsorship, allowing individuals to petition for permanent residency without a specific employer's sponsorship. These include: 1. EB-1A Extraordinary Ability: Individuals with extraordinary abilities in the sciences, arts, education, business, or athletics may self-petition for an employment-based green card. They must demonstrate sustained national or international acclaim, providing extensive evidence of their achievements in their field. 2. EB-2 National Interest Waiver (NIW): This category enables individuals whose work is deemed to be in the interest of the United States to self-sponsor. Applicants must demonstrate their work's significance and how it benefits the nation as a whole. 3. EB-5 Immigrant Investor Program: Entrepreneurs investing in a new commercial enterprise that creates jobs for U.S. workers can self-petition for an employment-based green card. They must meet certain investment thresholds and fulfill job creation requirements. While these classifications have the advantage of allowing an individual to self-petition, each of these applications have distinct, stringent requirements to meet. This route can be challenging, requiring substantial evidence and a compelling case to prove extraordinary abilities or qualifications. Additionally, meeting the high standards set by USCIS for self-sponsorship can be demanding, necessitating thorough preparation and documentation. Navigating the complexities of immigration law, especially concerning self-sponsorship, often requires professional legal guidance. Seeking assistance from experienced immigration attorneys or consultants can significantly enhance the chances of a successful self-sponsored green card application, ensuring compliance with the intricate regulations and requirements. If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys. We look forward to working with you.
Great news for our EB-2 NIW clients! USCIS continues to expand on premium processing for petitioners with a pending I-140, Immigrant Petition for Alien Workers under the EB-2 and EB-2 classifications. This third phase only applies to previously filed Form I-140 petitions under the E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Clients who are eligible for a premium processing upgrade as of USCIS' announcement on September 15, 2022 are E13 multinational executive and manager petitions received on or before January 1, 2022; and E21 NIW petitions received on or before February 1, 2022 Eligible petitions may submit Form I-907 to USCIS with the required filing fee of $2,500. The premium processing timeframe is 45 days from the date USCIS receives the request for premium processing. Santos Lloyd has been steadily receiving I-140 decisions, so we anticipate that more decisions will be coming throughout the next few months until the end of the year. We will continue to keep updated on policy changes and updates from USCIS and will post updates regularly on these changes. For clients who are eligible and interested in the upgrade, please contact our office for further information. If you are not yet eligible for the upgrade, please await further information from USCIS as we anticipate more phases coming in the months to come.
We have continued to have great results in our EB-2 National Interest Waiver cases this month. During the month of September, our firm received over a dozen National Interest Waiver Approvals, with none being denied. These approvals were for people from a diverse set of professional backgrounds including entrepreneurs, restaurateurs, a medical professional, soccer coach, electrician, travel agency, and more. These individuals and their families are now looking forward to permanent residency in the United States. If you have any questions about what this topic means for you, please schedule a consultation with one of our experienced attorneys. We look forward to working with you.
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.
During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.
