Chapter 5 - Additional Periods of Parole
In general, the parolee may be considered for a single period of re-parole for up to 30 months[1] as an international entrepreneur if the parolee demonstrates that a grant of parole will continue to provide a significant public benefit to the United States based on their role as an entrepreneur of a start-up entity.[2]
A. Filing
Before expiration of the initial period of parole, an entrepreneur parolee may request an additional period of parole based on the same start-up entity that formed the basis for the initial period of parole. To request such parole, an entrepreneur parolee must timely file an Application for Entrepreneur Parole (Form I-941).[3]
B. Criteria for Consideration
A parolee seeking re-parole must demonstrate that the parolee continues to be an entrepreneur and that the entity continues to be a start-up entity.[4]
The applicant is no longer required to demonstrate an ownership interest of 10 percent when applying for re-parole. Instead, as of the date USCIS adjudicates the application for re-parole, the parolee must have retained at least a 5 percent ownership in the start-up entity.[5]
1. General Criteria
The parolee may seek re-parole by establishing that during the initial parole period the entity has:
- Received a qualified investment, qualified government grants or awards, or a combination of such funding, of at least the amounts specified in the table below;
- Created at least five qualified jobs with the start-up entity; or
- Reached annual revenue in the United States of at least the amount specified in the table below and averaged 20 percent in annual revenue growth.[6]
The following table outlines the required amount of investment, grants, awards, or revenue, which varies based on the date the applicant filed the Form I-941.
Filing Date | Investment, Grants, Awards, or Revenue Amount |
---|---|
Before October 1, 2021 | $500,000 |
October 1, 2021 through September 30, 2024 | $528,293 |
On or after October 1, 2024 | $622,142 |
2. Alternative Criteria
A parolee who partially meets one or more of the general criteria above may alternatively provide other reliable and compelling evidence of the start-up entity's substantial potential for rapid growth and job creation.[7]
C. Decision
1. Approval
If the applicant establishes that applicant’s continued presence in the United States will provide a significant public benefit, USCIS may approve a single request for re-parole in its discretion.
If the entrepreneur is in the United States at the time that USCIS approves the request for re-parole, such approval is considered a grant of re-parole. If the entrepreneur is outside the United States at the time that USCIS approves the request for re-parole, the entrepreneur must appear at a port of entry to be granted parole by Customs and Border Protection (CBP), in lieu of admission.[8]
2. Denial
If the applicant fails to establish that the applicant’s presence in the United States will provide a significant public benefit and that a favorable exercise of discretion is warranted, the officer denies the application and notifies the applicant in writing of the specific reasons for a denial.[9]
An applicant may not appeal or move to reopen or reconsider a denial of international entrepreneur parole.[10] However, USCIS may reopen or reconsider a denial on its own motion.[11]
Footnotes
[^ 1] See 8 CFR 212.19(d)(3).
[^ 2] See 8 CFR 212.19(c)(2)(i).
[^ 3] See 8 CFR 212.19(c)(1).
[^ 4] See 8 CFR 212.19(c)(2)(ii)(A).
[^ 5] See 8 CFR 212.19(a)(1).
[^ 6] See 8 CFR 212.19(c)(2)(ii)(B).
[^ 7] See 8 CFR 212.19(c)(2)(iii). For more discussion of consideration of alternative evidence, see Chapter 3, Documentation and Evidence, Section C, Qualified Investment, Award, or Grant, Subsection 3, Alternative Evidence Option [3 USCIS-PM G.3(C)(3)].
[^ 8] See 8 CFR 212.19(d)(3).
[^ 9] See 8 CFR 103.3(a)(1).
[^ 10] See 8 CFR 212.19(d)(4).
[^ 11] See 8 CFR 103.5(a)(5).