The International Entrepreneur Rule: A Comprehensive Guide for Entrepreneurs and Dreamers

If you’re an aspiring entrepreneur hoping to launch or scale your startup in the United States, the International Entrepreneur Rule (IER) may offer a valuable route. Though not a visa in the traditional sense, this pathway allows certain foreign nationals to stay in the U.S. and grow their ventures under specific conditions. Unlike many other immigration options, IER provides flexibility for those who do not yet qualify for traditional work-based immigrant or nonimmigrant categories.

This guide breaks down what the IER involves, how you can qualify, and how it compares to other startup immigration options. Whether you're building your first business or expanding a successful enterprise into the U.S. market, understanding this rule can be a strategic first step.

What Is the International Entrepreneur Rule?

The IER was designed to allow foreign entrepreneurs temporary permission to live and work in the United States if their startup has the potential to grow rapidly, create jobs, and operate in the public interest. It is technically a form of discretionary "parole" rather than a formal visa, granted by the U.S. Department of Homeland Security (DHS) for a limited time.

With IER, you do not need a U.S. employer to sponsor you. Instead, your eligibility depends on your active involvement in a startup that has secured qualifying funding or government support. If approved, you may be granted an initial stay of up to 30 months, with the possibility of an additional 30-month extension if your business continues to meet performance standards.

Who Can Apply?

You may qualify for the International Entrepreneur Rule if you meet the following general criteria:

• You possess at least a 10% ownership interest in a U.S.-based startup.

• You play an active and central role in the startup's operations and growth.

• The startup was founded within the past five years.

• The company has demonstrated the ability to grow through investment or grants.

To demonstrate that your company has the potential to expand and generate economic value, you must show one or more of the following:

• Your startup received at least $264,147 from qualified U.S. investors (as of 2025, adjusted annually).

• Your company received at least $105,659 in government funding from U.S. federal, state, or local agencies.

• If neither of these applies, you may submit alternative evidence demonstrating your startup’s growth potential and public benefit.

Meeting these requirements doesn’t guarantee approval, but they form the foundation of a strong application.

Benefits of the International Entrepreneur Rule

The IER offers several advantages for founders who may not yet qualify for other visa types. For early-stage companies that lack an employer or direct sponsor, it provides a opportunity to establish U.S. operations without the burden of securing complex visa sponsorships.

A few notable benefits include:

• You can remain in the U.S. to work on your startup while seeking additional funding or clients.

• Your spouse may be eligible for work authorization (under a separate application).

• You have the flexibility to transition into other visa categories or apply for permanent residence if eligible later.

Compared to investor visas like the E-2, IER does not require a specific nationality or minimum investment. For entrepreneurs from countries without U.S. investment treaties, this pathway may open new possibilities.

That said, the temporary nature of IER means it's not a long-term solution on its own. You will need to plan ahead for the transition into a more permanent immigration status if your business grows successfully.

How to Prepare a Strong IER Application

To submit a competitive application under the IER, you must gather detailed and credible documentation. The core of the submission involves Form I-941 (Application for Entrepreneur Parole), along with supporting materials that validate your qualifications and your startup’s potential.

A well-prepared application for the International Entrepreneur Rule should include several key components that demonstrate both the legitimacy of your startup and your central role within it. These typically consist of organizational documents confirming the company’s legal registration in the United States, as well as clear evidence of your ownership stake and hands-on involvement in the business’s daily operations. If your startup has secured investment or government funding, include detailed agreements or grant documentation from verified sources. Additionally, your submission should feature a robust business plan that outlines projected growth strategies, anticipated hiring plans, and the company’s broader market relevance. Each element should work together to convey a consistent, credible narrative that reflects your long-term commitment and your startup’s potential to thrive in the U.S. business landscape.

Supporting letters from investors, customers, or collaborators can also strengthen your case, particularly if you rely on alternative evidence rather than meeting the investment or grant thresholds.

While the rule offers flexibility, USCIS officers evaluate whether your business truly aligns with public interest goals. For this reason, your business plan must go beyond projections and explain the tangible ways your company intends to engage the U.S. market—whether that’s through technology, healthcare, sustainability, or another sector.

Common Challenges

Despite its benefits, the IER process comes with its share of obstacles. Many applicants face difficulties when trying to prove their company’s public impact or when navigating USCIS’s subjective standards.

To increase your chances of approval, consider the following:

• Avoid vague claims about market opportunity. Use data, traction, and growth metrics to ground your proposal.

• Provide documentation that clearly connects your personal role to the startup’s progress. USCIS needs to see that you are indispensable to the venture.

• If using alternative evidence instead of qualifying funding, be thorough. Demonstrate strong letters of support, innovation records, media coverage, or strategic partnerships.

Immigration officers are not investors. Their focus is on whether your business justifies your stay in the country—not necessarily on its profitability alone.

How Does IER Compare to Other Startup Options?

The IER is not the only pathway for startup founders, but it may be more accessible for certain profiles.

Here’s a quick comparison:

• E-2 Visa: Requires a "substantial" investment and is only available to nationals of treaty countries.

• O-1 Visa: Demands proof of extraordinary ability and national or international acclaim.

• L-1 Visa: Best suited for foreign companies transferring executives to U.S. branches.

• EB-2 NIW Green Card: Offers long-term residence but requires evidence of national benefit and advanced expertise.

The IER fills a gap between these categories, especially for early-stage entrepreneurs who haven’t yet reached high revenue or acclaim, but who can show promise and commitment to their venture.

Still, the temporary nature of IER makes it essential to plan a longer-term immigration strategy. You might consider adjusting to a different visa or pursuing permanent residence once your company reaches maturity.

Planning for the Long Term

Although the IER gives you a starting point, it is not a permanent status. The initial stay lasts 30 months, and an extension is only possible if your startup meets updated growth and funding milestones. USCIS expects your company to show progress over time—especially in hiring U.S. workers and building partnerships.

To strengthen your case for an extension or eventual adjustment of status, prioritize maintaining clear records of your business activities, including hiring data, financial performance, and operational updates. Focus on expanding your U.S.-based team, building relationships with accelerators or institutional partners, and tracking the tangible effects of your work—such as job creation or media recognition—to support your ongoing presence in the country.

These steps will not only help with your extension application but may also pave the way toward future visa or Green Card options.

For entrepreneurs who are driven, adaptable, and ready to build in the U.S., the International Entrepreneur Rule offers a foothold into the American business ecosystem. While it does not guarantee permanence, it opens the door for talented founders to bring their vision to life and take part in a dynamic economy.

As with any immigration route, the quality of your preparation can make all the difference. Your application should reflect not only your business model but also your commitment to building something meaningful on U.S. soil.

At Grape Law, we guide entrepreneurs through every step of the International Entrepreneur Rule process—from evaluating your eligibility to preparing a complete and compelling petition. If you're ready to bring your venture to the U.S., reach out to us at info@grapelaw.com. Our experienced immigration team is here to help you make your business journey a reality.