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20 Dec

US modifies rules for foreign entrepreneurs conducting business in America

The International Entrepreneur Rule is the preferred scheme for foreign entrepreneurs wishing to do business in the United States. The US has issued updated policy guidance on the types of evidence that may support an application under the International Entrepreneur Rule. 

The guidance covers evidence of the applicant’s central and active role in the startup entity and of the applicant’s position to substantially help the entity grow and succeed.

The International Entrepreneur Rule guidance also expands on the types of evidence that can show qualified investments and qualified government awards or grants, and the types of alternative evidence that an applicant may submit. It also clarifies the types of evidence that can support a finding of significant public benefit.

In October 2024, US had increased the minimum amount of investment and revenue thresholds under the International Entrepreneur Rule. 

The International Entrepreneur Rule permits foreign entrepreneurs to immigrate without investing, but they must confirm that other qualified US investors have invested in their startup. 

International entrepreneur parole regulations allow DHS to grant authorized stay to noncitizen entrepreneurs with a substantial ownership interest in start-ups, demonstrating significant public benefit through rapid business growth and job creation. 

A candidate doesn’t need to be outside of the US to apply. Applications are welcome from those who are not currently in the country, from people who are in the country but do not currently hold nonimmigrant status, and from people who are outside the country. 

For an initial application, entrepreneurs must demonstrate the startup entity’s substantial potential for rapid growth and job creation by showing at least $311,071 in qualified investments from qualifying investors, at least $124,429 in qualified government awards or grants, or, if only partially meeting the threshold investment or award criteria, alternative reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation. 

Essentially, if relying on an investment from a qualifying investor, the amount has increased from $264,147 to $311,071. If relying on a government award or grant, the amount has increased from $105,659 to $124,429.

Source: https://www.financialexpress.com/business/investing-abroad-uscis-issues-updated-guidance-on-evidence-for-applicants-under-the-international-entrepreneur-rule-3693822/