
Country / Territory
A new U.S. Citizenship and Immigration Services proposal would create a mechanism to allow up to five years of temporary stay, on a case-by-case basis, for qualifying foreign entrepreneurs who establish a U.S. start-up entity that has substantial U.S. investment and the potential for rapid growth and job creation. The proposed regulation is expected to be published in the Federal Register on August 31.
The long-awaited proposed regulation was first announced in November 2014 as part of President Obama’s planned executive actions to encourage innovation and support U.S. high-skill businesses and workers. The purpose of the program is to fill a gap in the U.S. immigration system and allow promising foreign entrepreneurs who might not meet the eligibility criteria of existing visa programs to remain in the United States to grow their businesses and make contributions to the U.S. economy.
However, the program would not provide an immigration status to approved applicants. Rather, qualifying entrepreneurs could receive parole – a discretionary permission to remain in the United States – but would not be eligible for permanent residence unless they qualified under another U.S. immigration program.
Qualifying Entrepreneurs
A foreign entrepreneur could demonstrate eligibility for the parole program by meeting the following criteria:
- The applicant must have established a U.S. start-up business within three years before the application for parole;
- The applicant must hold an ownership interest in the startup of at least 15 percent;
- The applicant must play an active and central role in the operations of the business, and not merely be an investor; and
- The start-up must have received a capital investment of at least $345,000 from qualified U.S. investors or at least $100,000 in grants or awards from qualifying U.S. federal, state or local government entities. Foreign nationals who only partially satisfy the funding criteria would need to provide additional compelling evidence of the start-up’s substantial potential for rapid growth and job creation.
Duration of Stay in the United States
Approved entrepreneurs would be paroled into the United States for an initial period of up to two years, and would be authorized to work for the start-up entity only. Qualifying dependents would also receive parole for up to two years, and spouses would be eligible to apply for employment authorization.
An additional three years of parole could be granted if the entrepreneur demonstrated that the entity continues to operate; the entrepreneur continues to play a central role in the business; and the business has created jobs, received substantial additional funding, generated significant revenue or a combination of these.
As a discretionary grant, parole could be revoked by the U.S. government at any time if the start-up ceases operations or otherwise ceases to provide a significant public benefit to the United States.
No more than three entrepreneurs could be granted parole per start-up entity.
What’s Next for the Proposed Entrepreneur Parole Program
Once the regulation is published, individuals and organizations will have 45 days to provide feedback. After the public comment period closes, DHS will review the feedback it receives and prepare to issue a final version of the regulation, which could differ from the proposal. The entrepreneur parole program would not be implemented until the final regulation is approved, a process that is likely to take several months.
If you have any questions about the entrepreneur program or would like to comment on the proposed regulation, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.
Country / Territory
Explore more at Fragomen
Media mentions
Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.
Media mentions
Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.
Media mentions
Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.
Blog post
Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.
Fragomen news
Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.
Media mentions
Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.
Media mentions
Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.
Awards
Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.
Media mentions
Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.
Blog post
Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.
Blog post
Immigration Director Adriana MartĂnez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.
Media mentions
Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.
Media mentions
Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.
Media mentions
Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.
Media mentions
Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.
Blog post
Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.
Fragomen news
Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.
Media mentions
Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.
Media mentions
Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.
Awards
Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.
Media mentions
Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.
Blog post
Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.
Blog post
Immigration Director Adriana MartĂnez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.
Media mentions
Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.
