• Insights

U.S. Start-up Companies May Now Employ Their Foreign-born Founders & Key Staff

June 15, 2021

insight-blog-default

Country / Territory

  • United StatesUnited States

Related contacts

Porthole Headshot Image of Fragomen [WashingtonDC][Partner][AndrewGreenfield]

Andrew Greenfield

Senior Counsel

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 349 2183

Related offices

  • Fragomen in Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot Image of Fragomen [WashingtonDC][Partner][AndrewGreenfield]

Andrew Greenfield

Senior Counsel

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 349 2183

Related offices

  • Fragomen in Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot Image of Fragomen [WashingtonDC][Partner][AndrewGreenfield]

Andrew Greenfield

Senior Counsel

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 349 2183

Related offices

  • Fragomen in Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Andrew Greenfield

A new U.S. immigration law permits U.S. start-up companies that have received significant funding from U.S. investors to employ their foreign national founders and key technical staff in the United States for up to five years.

International Entrepreneur Parole (IEP) is a new type of U.S. work permit based on a provision of the immigration laws known as “parole”. At its discretion and on a case-by-case basis, the government may grant entry and employment authorization to foreign nationals who will provide “significant public benefit” through their key roles for U.S. start-ups with potential for rapid growth and job creation.

IEP was first conceived by the Obama Administration but was dismantled during the Trump Administration. Recognizing the significant public benefit realized through entrepreneurship, innovation and job creation in the United States, the Biden Administration re-launched the program, which establishes general criteria U.S. Citizenship and Immigration Services (USCIS) may use in evaluating IEP applications filed by foreign nationals who will play key roles for well-funded U.S. start-ups.

What does IEP do?

IEP allows the entrepreneur to work for the U.S. start-up for up to five years. It offers work permit options for talented foreign nationals seeking to found, build and/or shape the course of new U.S. businesses, which were not previously available in the current U.S. immigration system. The H-1B visa, for example, is limited by an annual quota, involves competitive compensation requirements, and is often out of reach for start-ups with little or no employees or revenue. The E-2 investor visa is available only to citizens of countries with which the U.S. has a specific treaty, requires that the U.S. business be majority foreign-owned, and, like the EB-5 immigrant investor visa, typically involves a substantial capital investment from the foreign national seeking the visa.  

Which foreign nationals and start-ups are eligible?

To be eligible for IEP, the entrepreneur’s education and/or experience must qualify him or her to play a central and active role for the start-up, including managing its operations, working as a technical founder or serving in another fundamental role. The entrepreneur initially must also own at least 10% of the entity, but this ownership may decrease over the course of five years as equity is transferred to other investors.

The U.S. business must have been established within five years of the filing of the IEP application with USCIS, or within five years of the start-up receiving qualified funding. In general, qualified funding means at least $250,000 (or $100,000 in the case of government grants or awards) from established U.S. investors in the 18 months before the entrepreneur files the IEP application.

How does it work?

IEP approval provides the entrepreneur with an initial 30 months of U.S. employment authorization with the start-up. This can be extended - via re-parole - by an additional 30 months, for a total of five years. Applications for re-parole require evidence the start-up has raised substantial additional funding, created at least five full-time jobs for U.S. workers, generated significant revenue and average annual growth, and/or other compelling evidence that the entrepreneur’s role with the start-up will result in the U.S. business’s rapid growth and job creation and continue to provide significant public benefit to the United States.

The entrepreneur has a continuous obligation to notify USCIS immediately of material changes throughout the period of parole. Material changes include, among other things, significant changes in the ownership and control of the start-up.

USCIS has broad discretion to terminate parole if the agency determines the IEP no longer provides the United States with significant public benefit.

Why is this a good thing?

Foreign-born entrepreneurs and technical innovators have long played foundational roles for prominent and successful U.S. start-ups that, in turn, have shaped and propelled the digital economy. The IEP program affords a clear path for these pioneers to enter and remain in the U.S. long enough to fulfil the vision of their enterprises. For them, and for the venture capital firms, accelerators and other U.S. backers who invest in new businesses that rely on the intellectual and commercial contributions of foreign entrepreneurs, the IEP program offers a new opportunity to mitigate the immigration-related risks often presented by start-ups with foreign-born founders.

Need to know more?

For further information on International Entrepreneur Parole, please contact Andrew Greenfield at [email protected] or your Fragomen immigration professional. This blog was published on 15 June 2021, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram. 

Country / Territory

  • United StatesUnited States

Related contacts

Porthole Headshot Image of Fragomen [WashingtonDC][Partner][AndrewGreenfield]

Andrew Greenfield

Senior Counsel

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 349 2183

Related offices

  • Fragomen in Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot Image of Fragomen [WashingtonDC][Partner][AndrewGreenfield]

Andrew Greenfield

Senior Counsel

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 349 2183

Related offices

  • Fragomen in Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole Headshot Image of Fragomen [WashingtonDC][Partner][AndrewGreenfield]

Andrew Greenfield

Senior Counsel

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 349 2183

Related offices

  • Fragomen in Washington, DC

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Blog post

Prepared, Not Reactive: What UAE HR and Mobility Teams Must Build for the Long Run

Senior Manager Manu George analyzes how recent disruptions in the UAE’s immigration landscape underscore the need for always‑on mobility readiness, outlining five core pillars that help organisations strengthen workforce visibility, manage compliance proactively and mitigate geopolitical and operational risks.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Blog post

Prepared, Not Reactive: What UAE HR and Mobility Teams Must Build for the Long Run

Senior Manager Manu George analyzes how recent disruptions in the UAE’s immigration landscape underscore the need for always‑on mobility readiness, outlining five core pillars that help organisations strengthen workforce visibility, manage compliance proactively and mitigate geopolitical and operational risks.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
June 5, 2026 | United StatesFragomen Earns Top Rankings in Chambers USA 2026
June 5, 2026 | 🌐Middle East: Wafid Program Updated to Strengthen Medical Screening of Foreign Nationals
June 5, 2026 | 🌐Minimum Salary Changes Announced
June 5, 2026 | Saudi ArabiaSaudi Arabia: Increased Labor Inspections
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
June 5, 2026 | United StatesFragomen Earns Top Rankings in Chambers USA 2026
June 5, 2026 | 🌐Middle East: Wafid Program Updated to Strengthen Medical Screening of Foreign Nationals
June 5, 2026 | 🌐Minimum Salary Changes Announced
June 5, 2026 | Saudi ArabiaSaudi Arabia: Increased Labor Inspections
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.