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Advanced Parole for Start-Up Entrepreneurs Reviewed by USCIS

Regulation changes that the Department of Homeland Security (DHS) proposed could be coming to how foreign innovators and entrepreneurs gain entrance to the country, if the United States Citizenship and Immigration Services (USCIS) approves it.

The DHS has stated that there is vast potential for job creation and field advancement here in the United States that originates from professionals, experts, and creative geniuses across international borders. The issue is that many of these people do not qualify for the appropriate employment-based or family-based visa. The newly-proposed provisions would allow more entrepreneurs looking to start new businesses in the States to gain advanced parole, or admittance into the country under unique circumstances and for a greater purpose.

In order to be approved for advanced parole, applicants would be reviewed on a case-by-case basis. The USCIS would need to see clear potential for accelerated business growth and widespread job creation in the business’s related fields. It has been stated that applicants would be more likely to gain approval, if the changes are accepted, if they have been backed by a significant number of US-based investors, or if they have been rewarded with US-based grants for their work.

A person approved for advanced parole would be issued an initial temporary stay of only 2 years, during which they must oversee and work closely with their business or project. An addition 3-year extension to the parole could be requested if it was evident that their business was benefitting the commonwealth or the economy, or if it was promoting the advancement of their field.

In order to approach these suggested changes diplomatically and without unfairly affecting any potential entrepreneurs, the DHS is currently accepting the input of interested and qualified third-parties. If you would like to view the “International Entrepreneur Rule” document and submit a formal comment of your own, you should be sure to visit the Federal Register soon (click here).

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