USCIS to Accept Entrepreneur Parole Applications While It Pursues Rescission of the Program
December 14, 2017

Executive Summary
- International entrepreneurs who have established a qualifying business in the United States can submit applications for temporary parole to remain in the United States under an Obama-era regulation.
- Though U.S. Citizenship and Immigration Services will accept these applications, the Trump Administration will continue to pursue its plans to rescind the entrepreneur parole program.
U.S. Citizenship and Immigration Services will begin to accept applications for temporary parole under the International Entrepreneur Rule (IER), the agency announced today.
The announcement comes after a recent federal court ruling that ordered the Trump Administration to accept these applications while it takes steps to rescind the Obama-era regulation. The court found that the Trump Administration failed to comply with procedural requirements when it postponed the effective date of the rule earlier this year. Last month, the Administration submitted a proposal to rescind the regulation to the Office of Management and Budget; the proposal remains under review.
The IER was finalized in the last days of the Obama Administration regulation and was set to take effect in July of this year. Days before it was to be implemented, the Trump Administration delayed the effective date and announced plans to withdraw the rule.
Eligibility and applications
The regulation permits qualified foreign entrepreneurs to seek temporary parole if they have established a qualifying U.S. start-up business and the business has received at least $250,000 from qualified U.S. investors or at least $100,000 in grants or awards from U.S. government entities. Applicants must hold an ownership interest of at least 10% and must play an active and central role in the operations of the business.
Applicants must submit USCIS Form I-941, a $1,200 filing fee and an $85 biometrics fee. The rule permits successful applicants to be granted temporary parole for up to five years, but entrepreneur parolees are not eligible for permanent residence unless they qualify under another U.S. immigration program.
Looking ahead
Though USCIS has agreed to accept and process entrepreneur applications, it is not yet clear how they will be adjudicated given the highly discretionary nature of parole adjudications and the Trump Administration’s ultimate goal of rescinding the program.
This alert is for informational purposes only. If you are interested in the entrepreneur parole program, please contact your designated Fragomen professional to discuss your options.
Explore more at Fragomen
Media mentions
Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.
Media mentions
Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.
Video
In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.
Media mentions
Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.
Blog post
In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU.
Media mentions
Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.
Blog post
In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.
Media mentions
Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.
Blog post
Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.
Media mentions
Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.
Media mentions
Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.
Media mentions
Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.
Media mentions
Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.
Video
In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.
Media mentions
Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.
Blog post
In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU.
Media mentions
Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.
Blog post
In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.
Media mentions
Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.
Blog post
Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.
Media mentions
Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.
Media mentions
Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

