The International Entrepreneur Rule is a US Department of Homeland Security (DHS) provision that lets qualifying foreign-born startup founders stay in the US temporarily to build and scale a business. Fifty-nine percent of privately held startup companies in the US valued at $1 billion or more were founded or co-founded by immigrants. The rule works through discretionary parole rather than a visa. This means the US Citizenship and Immigration Services (USCIS) approves or denies each application based on the startup’s funding, founder’s ownership stake, and founder’s day-to-day involvement. The thresholds are specific, the founder’s status is temporary, and the rules have been contested more than once, so make sure you know the details before applying.
Below, we’ll discuss eligibility and documentation for the International Entrepreneur Rule, how its parole and renewal structure compares with other US work categories, and how to form the required US company.
Key takeaways
The International Entrepreneur Rule grants temporary parole rather than a visa. US Citizenship and Immigration Services (USCIS) decides each case based on funding, ownership, and the founder’s involvement in running the business.
Under the International Entrepreneur Rule, founders can work for their own company without a sponsoring employer or treaty-country citizenship, though the status ends after a fixed period and doesn’t lead to a green card on its own.
Founders should verify current International Entrepreneur Rule requirements with the US Citizenship and Immigration Services (USCIS) and an immigration attorney before filing. Policy changes can affect the program without congressional action.
What is the International Entrepreneur Rule?
The International Entrepreneur Rule under section 212(d)(5) of the Immigration and Nationality Act allows DHS to grant a temporary authorized stay, also called “parole,” to non-US entrepreneurs who prove that their stay in the US would serve urgent humanitarian needs or provide a substantial public benefit through their business venture. The rule assumes that a fast-growing startup’s potential to create jobs and attract investments meets the rule’s requirements, justifying a founder’s stay while growing a company. However, parole doesn’t carry a visa classification or an immigration status. That’s why the rule has its own regulation rather than being part of an existing visa category.
What are the eligibility requirements for the International Entrepreneur Rule?
Eligibility under the International Entrepreneur Rule depends on the startup’s funding, founder’s ownership, and how recently the company was formed.
Consider the following rules and requirements:
Recent US entity: The startup must be a US company formed within the five years before you file; your articles of incorporation establish that date.
Ownership stake: You need at least 10% of the company when you file and at least 5% for the length of the parole period. A current cap table shows where you stand.
Central and active involvement: You must run the business day to day, which a founder agreement, board resolution, or officer appointment can document.
Qualifying investment: The company needs at least $311,071 from qualified investors (those with an established record of backing startups) within the 18 months before filing. Signed investment agreements plus proof of funds received support the claim.
Government grants: Alternatively, the company can show at least $124,429 in grants or awards from federal, state, or local government entities, supported by the corresponding award letters.
Alternative evidence: If funding falls short of both thresholds, USCIS can weigh other reliable evidence of growth potential, such as customer traction or press coverage, though this path demands a stronger case and is harder to predict.
Multiple founders: Up to three founders from one startup can apply, provided each one meets the ownership and involvement requirements independently.
How does the International Entrepreneur Rule benefit foreign founders?
The International Entrepreneur Rule lets foreign founders work for the company they own, which many other US work categories won’t allow.
Here are more benefits for foreign founders:
Work authorization tied to your startup: Since approval authorizes you to work only for your startup, the company’s growth and your status move together.
No treaty-country requirement: Eligibility doesn’t depend on holding citizenship in a country that has an investment treaty with the US.
Family members: Spouses and minor children can join as derivative parolees. A spouse can apply for work authorization using Form I-765, while children can attend school but can’t work.
Initial parole period: Parole runs up to 30 months, which gives you time to build your startup without refiling every year.
Renewal: You can request one re-parole of up to 30 more months if the company shows at least one of three benchmarks: $622,142 in additional investment or grants, five full-time jobs created for US workers, or $622,142 in revenue with annualized growth of 20% or higher.
What are the International Entrepreneur Rule updates to know?
The International Entrepreneur Rule is constantly evolving. In July 2017, the first Trump administration pushed back the effective date of the International Entrepreneur Rule. But in December 2017, a federal court vacated the delay and ordered DHS to implement the rule. USCIS began accepting applications. DHS then proposed rescinding the rule in 2018, but that rescission was never finalized.
In January 2022, DHS announced that USCIS would clarify its guidance on the program, and USCIS updated its Policy Manual to reflect that. Regulatory agendas published in 2025 then listed another proposal to remove the program. As of late 2025, applicants granted entrepreneur parole face a $1,020 immigration parole fee required under the One Big Beautiful Bill Act.
Because the program rests on a regulation and discretionary parole, a policy change can occur without congressional action. Before you file, check USCIS’s International Entrepreneur Parole page, review the Federal Register for proposed or final rules, and confirm current processing times. An immigration attorney can tell you how pending changes may affect your case.
How does the International Entrepreneur Rule fit into building a US startup?
The rule requires a US entity with a documented ownership structure, so the company must exist before you file, and your application depends on having the corporate paperwork in order. That means you have to form the company first, issue founder stock so the cap table reflects your 10% or more, get an Employer Identification Number (EIN), and open a US business bank account.
Stripe Atlas lets founders outside the US form a Delaware C corp online, issue founder shares, get an EIN, and open a US bank account. It also gives you a Stripe account to accept payments once the company is live. The certificate of incorporation and stock purchase agreements Atlas generates are the kinds of documents USCIS looks for to confirm entity formation and ownership. That said, Atlas doesn’t provide immigration or legal advice or prepare or file the entrepreneur parole application, so it would need to be paired with an immigration attorney who can match the documents to your filing.
How Stripe Atlas can help
Stripe Atlas handles everything you need to legally launch your company—incorporation, employer identification number (EIN), equity setup, and tax filings—so you can fundraise, open a bank account, and start accepting payments in as little as two business days, from anywhere in the world.
Join 100,000+ startups incorporated using Atlas, including startups backed by top investors like Y Combinator (YC), a16z, and General Catalyst.
Get started in minutes with Atlas
The application takes under 10 minutes. You’ll choose your company structure, confirm your name is available, add up to four cofounders, set your equity split, and e-sign. Then Atlas takes it from there, including notifying cofounders to sign their documents electronically.
Banking and payments before your EIN arrives
Atlas files your EIN application automatically after incorporation. You don’t have to wait—Atlas enables pre-EIN payments and banking so you can start accepting payments and making transactions right away. US founders with a Social Security number (SSN) are typically eligible for expedited IRS processing.
Automatic 83(b) tax election filing
Atlas files your 83(b) election for you—US and non-US founders alike—with US Postal Service (USPS) certified mail and tracking to reduce personal income taxes. You’ll get a signed 83(b) election and proof of filing directly in your Stripe Dashboard, with certified mail confirmation.
World-class company legal documents
Atlas provides all the legal documents you need to start running your company, drafted by Cooley, one of the world’s leading venture capital law firms, and stores them directly in your Stripe Dashboard. These documents are designed to help you fundraise immediately and ensure your company is legally protected, covering aspects like ownership structure, equity distribution, and tax compliance.
$2,500 in Stripe credits, plus $50K+ in partner discounts
Atlas startups get $2,500 in Stripe product credits for their first year, plus $50,000+ in discounts on essential tools—Mercury, AWS, Carta, Xero, Perplexity, and more. Delaware registered agent service is also included free for your first year.
Learn more about how Atlas can help you set up your new business quickly and easily, and get started today.
FAQs about the International Entrepreneur Rule
The content in this article is for general information and education purposes only and should not be construed as legal or tax advice. Stripe does not warrant or guarantee the accurateness, completeness, adequacy, or currency of the information in the article. You should seek the advice of a competent attorney or accountant licensed to practice in your jurisdiction for advice on your particular situation.