Those interested in applying for parole under the International Entrepreneur Rule (IER) should take note that the instructions to Form I-941, Application for Entrepreneur Parole, contain requirements that are different from the requirements contained in the final rule published in January 2017. Specifically:

• The instructions require a 15% ownership stake in the start-up entity; 10% for extensions and amendments. (The January 2017 final rule only requires 10% ownership for the initial application and 5% ownership for amendments and extensions).
• The instructions require proof of formation in the last three years. (The January 2017 final rule allows work for entities formed within the last five years).
• The instructions state that within the last year the applicant must have received an aggregate of $100,000 in government grants or $345,000 from qualified investors. (The January 2017 final rule requires only $250,000 of aggregate funding from qualified investors and gives an 18-month timeframe to aggregate either private or public funds).

In addition, although spouses and minor children may accompany the entrepreneur by filing Form I-131, Application for Travel Document, it does not appear that a revised Form I-131 has yet been published on the USCIS website. Remember to follow us on Facebook and Twitter.

We are available to represent Employment Based Adjustment of Status Applicants in the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.