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Policy Manual
Contents
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INA
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Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
      • Part A - Protection and Parole Policies and Procedures
      • Part B - Victims of Trafficking
      • Part C - Victims of Crimes
      • Part D - Violence Against Women Act
      • Part E - Employment Authorization for Abused Spouses of Certain Nonimmigrants
      • Part F - Parolees
      • Part G - International Entrepreneur Parole
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Requirements for Consideration
        • Chapter 3 - Documentation and Evidence
        • Chapter 4 - Adjudication
        • Chapter 5 - Additional Periods of Parole
        • Chapter 6 - Family Members
        • Chapter 7 - Conditions on Parole and Termination
      • Part H - Deferred Action
      • Part I - Reserved
      • Part J - Temporary Protected Status
      • Part K - Statelessness
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
Breadcrumb
  1. Home
  2. Policy Manual
  3. Volume 3 - Humanitarian Protection and Parole
  4. Part G - International Entrepreneur Parole
  5. Chapter 3 - Documentation and Evidence

Chapter 3 - Documentation and Evidence

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  • Guidance
  • Resources (18)
  • Appendices (0)
  • Updates (4)

A. Entrepreneur

1. Ownership

The entrepreneur applying for parole is required to have a substantial ownership interest in the start-up entity. USCIS considers at least 10 percent ownership interest to be substantial at the time of the adjudication of the initial grant of parole and 5 percent to be substantial at the adjudication of re-parole.[1]

Relevant, probative, and credible evidence of ownership interest may include, but is not limited to:

  • Organizational documents (such as articles of incorporation, bylaws, articles of organization, operating agreement, certificate of partnership, or partnership agreement);
  • Equity purchase or grant agreements;
  • Equity ledger;
  • Equity certificates;
  • Contracts;
  • Bank records;
  • Wire transfers; and
  • Any other documentation establishing an ownership interest in the start-up entity.

2. Central and Active Role in a Start-up Entity

The applicant is required to have a central and active role in the start-up entity.[2]

The applicant must provide a detailed and credible description of their central and active role in the start-up entity along with supporting evidence that may include, but is not limited to:

  • A copy of the applicant’s employment agreement with the start-up entity;
  • Documentation from the start-up entity’s other founders, the director of human resources, or another employee in a position that can attest to the applicant’s role at the start-up entity;
  • The applicant’s position description; and
  • Similar evidence that provides a detailed description of the applicant’s central and active role in the start-up entity, including the day-to-day role the applicant is currently performing for the start-up entity.[3]

3. The Applicant is Well-positioned to Substantially Assist with the Start-up Entity’s Growth and Success

Within the applicant’s central and active role, the applicant must be well-positioned, due to their knowledge, skills, or experience, to substantially assist the start-up entity with the growth and success of its business.[4] Relevant, probative, and credible evidence to demonstrate that the applicant satisfies this threshold may include, but is not limited to:

  • The applicant’s resume or curriculum vitae (CV);
  • Letters from relevant government agencies, qualified investors, or established business associations with an understanding of the applicant’s knowledge, skills, or experience that would advance the start-up entity’s business;
  • News articles or other similar evidence indicating that the applicant has received significant attention and recognition;
  • Documentation showing that the applicant or start-up entity has been recently invited to participate in, is currently participating in, or has graduated from one or more established and reputable start-up accelerators;
  • Documentation showing that the applicant has played an active and central role in the success of prior start-up entities or other relevant business entities;
  • Degrees or other documentation indicating that the applicant has knowledge, skills, or experience that would significantly advance the start-up entity’s business;
  • Documentation pertaining to intellectual property of the start-up entity, such as a patent, that was obtained by the applicant or as a result of the applicant’s efforts and expertise; and
  • Similar evidence that the applicant is well-positioned, due to the applicant’s knowledge, skills, and experience, to substantially assist the start-up entity with the growth and success of its business.

B. Start-up Entity

A start-up entity is a U.S. business entity that was recently formed (created within the 5 years immediately preceding the filing date of the application), has lawfully done business during any period of operation since its date of formation, and has substantial potential for rapid growth and job creation.[5]

Evidence to demonstrate the company meets the definition of a start-up entity may include, but is not limited to:

  • Organizational documents such as articles of incorporation, bylaws, articles of organization, operating agreements, certificates of partnership, partnership agreements, or other evidence of formation, as applicable;
  • Tax records;
  • Financial records; and
  • Similar evidence that the start-up entity has lawfully done business during any period of operation since its date of formation.

The Business Structures overview provides more information on the most common business forms or structures, including information on formation, fundamental characteristics, and the tax forms submitted to the Internal Revenue Service.

C. Qualified Investment, Award, or Grant

1. Investment Option

If the applicant is using a qualified investment to demonstrate the start-up entity’s potential for rapid growth and job creation, the applicant must provide evidence that a qualified investor is the source of the investment, as well as evidence of the amount and date of the investment in the start-up entity, rather than in a parent, subsidiary, affiliated, or related company.[6]

Source of the Investment

If the investor is an individual, the applicant must submit evidence showing that the investor is a U.S. citizen or lawful permanent resident (LPR) of the United States. The applicant should submit a copy of a government-issued identity document showing the photograph, name, and date of birth of the investor, along with evidence showing that the investor is a U.S. citizen or LPR of the United States. The copy must clearly show the photo and identity information.

If the investor is an organization, such as a venture capital firm or other U.S. business investing in the start-up entity, the applicant must submit evidence that the organization operates through a legal entity organized under the laws of the United States. Such evidence may include, but is not limited to, organizational documents such as articles of incorporation, bylaws, articles of organization, operating agreement, certificate of partnership, or partnership agreement.

The applicant must also submit evidence showing that the investing organization is majority owned and controlled, directly and indirectly, by U.S. citizens or LPRs of the United States.[7] Such evidence may include an ownership structure chart outlining the direct and indirect ownership of the organization together with evidence that the individuals ultimately owning and controlling a majority of the organization are U.S. citizens or LPRs of the United States. Many investment firms based in the United States, such as venture capital firms, have a wide range of funding from limited partners that vest control in U.S. citizen partners who manage and even control the fund.

While USCIS does not require the applicant to establish that at least 50 percent of the capital contributed to the fund is sourced from U.S. citizens or LPRs, in the venture capital firm context, the applicant must nevertheless show that the firm is majority owned and controlled, directly and indirectly, by U.S. citizens or LPRs.

To demonstrate the individual investor’s or organization investor’s successful track record of investment in start-up entities, the applicant must submit evidence such as, but not limited to, bank records, wire transfers, debt agreements, equity purchase agreements, equity certificates, equity ledgers, or capitalization tables.

To satisfy the job creation or revenue generation requirement, the applicant must submit documentation, such as tax records, payroll records, Employment Eligibility Verification (Form I-9) records, or audited financial statements.

Receipt of the Investment

The applicant must submit evidence that the start-up entity received the investment.[8] Such evidence may include, but is not limited to:

  • Equity purchase agreements;
  • Convertible debt agreements;
  • Equity certificates;
  • Equity ledgers;
  • Capitalization tables;
  • Audited financial statements;
  • Bank records;
  • Wire transfers; and
  • Other evidence that the investment is a purchase from the start-up entity of its equity, convertible debt, or other security convertible into its equity commonly used in financing transactions within such entity’s industry.

These records must demonstrate the trail of lawfully derived capital from a qualified investor into the applicant’s start-up entity. The records must demonstrate that the invested capital was used to purchase equity, convertible debt, or other security convertible into an equity interest in the applicant’s start-up entity.

2. Government Award or Grant Option

If the applicant is using a qualified government award or grant to establish the start-up entity’s substantial potential for rapid growth and job creation, the applicant must submit evidence to establish that the award or grant is for economic development, research and development, or job creation (or other similar monetary award typically given to start-up entities), made by a federal, state, or local government entity that regularly provides such awards or grants to start-up entities.[9] Such evidence may include records such as:

  • Copies of grant or award letters or notices;
  • Other documentation from the government entity confirming the issuance of the award or grant, including the amount of the award or grant as well as the recipient;
  • Information from news articles or websites demonstrating that the government entity regularly makes such awards or grants to start-up entities; and
  • Similar evidence showing that a federal, state, or local government entity made a qualified government award or grant to the start-up entity, and that the government entity regularly makes such awards or grants to start-up entities.

3. Alternative Evidence Option

If the applicant provides sufficient evidence to demonstrate that they meet the regulatory definition of entrepreneur and that the entity meets the regulatory definition of a start-up but only partially meets the requirements for a qualified investment or a qualified award or grant, the applicant may provide other reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.[10]

In the final rule setting forth the criteria for the case-by-case evaluation of parole applications from entrepreneurs, DHS recognized that reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth may vary depending on the nature of the business and the industry in which it operates. Therefore, applicants providing other reliable and compelling evidence of the start-up entity’s potential are not limited to certain types of evidence.[11]

The preamble to the final rule, however, did recognize that non-monetary contributions and funding from non-U.S. sources are not considered as relevant or probative evidence.[12]

Additional supporting evidence may include, but is not limited to:

  • Number of users or customers;
  • Revenue generated by the start-up entity;
  • Additional investments or fundraising, including through crowdfunding platforms;
  • Social impact of the start-up entity;
  • National scope of the start-up entity;
  • Positive effects on the start-up entity’s locality or region;
  • Success using alternative funding platforms, including crowdfunding platforms;[13]
  • The applicant’s academic degrees, with an explanation of how the field relates to the start-up entity's focus;
  • The applicant’s prior success in operating start-up entities as shown by patented innovations, annual revenue, job creation, or other factors;
  • Selection of the start-up entity to participate in one or more established reputable start-up accelerators or incubators; and
  • Any other reliable and compelling evidence that the start-up entity has substantial potential for rapid growth and job creation.

D. Significant Public Benefit

In addition to meeting the investment, grant, or award criteria, the applicant should submit additional supporting evidence describing their start-up and demonstrating its substantial potential for rapid growth and job creation. Such supporting evidence may include:

  • Evidence of investments from any investors (including those that do not meet the definition of qualified investor), or government awards or grants (including those that do not meet the definition of qualified government awards or grants). Such evidence could include bank records, wire transfers, equity purchase agreements, equity certificates, equity ledgers, or capitalization tables;
  • Evidence of revenue generation;
  • Letters from relevant government agencies, qualified investors, or established business associations with knowledge of the start-up entity’s research, products or services. Letters from the same organizations or individuals confirming that the applicant’s knowledge, skills, or experience would advance the start-up entity’s business;
  • Newspaper articles or other similar evidence that the applicant or their start-up entity have received significant attention or recognition;
  • Evidence that the applicant or their start-up entity have been recently invited to participate in, are currently participating in, or have graduated from one or more established and reputable start-up accelerators;
  • Patent awards or other documents indicating that the applicant or their start-up entity are focused on developing new technologies or cutting-edge research;
  • Evidence that the start-up entity is furthering the development of a critical and emerging technology or other science, technology, engineering, and math (STEM) area important to U.S. competitiveness;[14]
  • Evidence that the applicant has played an active and central role in the success of prior start-ups, such as letters from relevant government agencies, qualified investors, or established business associations with knowledge of the applicant’s prior start-up activities;
  • Academic degrees or other documentation indicating that the applicant has the knowledge, skills, or experience that would significantly advance their start-up entity’s business;
  • Tax or payroll records, I-9 records, or other documents indicating that the applicant’s start-up entity has created qualified jobs before the applicant filed for parole;
  • Any other reliable evidence indicating the applicant’s start-up entity’s potential for growth and the applicant’s ability to advance their start-up entity’s business in the United States; or
  • Any other evidence that a grant of parole would provide a significant public benefit to the United States based on the applicant’s role as the entrepreneur of a start-up entity, if the other listed evidence does not apply to the applicant’s entrepreneurial activities.

Footnotes


[^ 1] See 8 CFR 212.19(a)(1).

[^ 2] See 8 CFR 212.19(a)(1).

[^ 3] See 82 FR 5238, 5246 (PDF) (Jan. 17, 2017).

[^ 4] See 8 CFR 212.19(a)(1).

[^ 5] See 8 CFR 212.19(a)(2).

[^ 6] See 8 CFR 212.19(a)(5).

[^ 7] See 8 CFR 212.19(a)(19).

[^ 8] See 8 CFR 212.19(b)(2)(ii)(B)(1). For investment threshold amounts according to the application’s filing date, see Chapter 2, Requirements for Consideration, Section B, Qualified Investment or Government Award or Grant, Subsection 1, Investment Option [3 USCIS-PM G.2(B)(1)].

[^ 9] See 8 CFR 212.19(a)(3).

[^ 10] See 8 CFR 212.19(b)(2)(iii).

[^ 11] See 82 FR 5238, 5248 (PDF) (Jan. 17, 2017).

[^ 12] See 82 FR 5238, 5249, 5251-52 (PDF) (Jan. 17, 2017).

[^ 13] While the International Entrepreneur Rule does not exclude any type of funding source for purposes of alternative evidence, it limits the types of investment that will be considered a qualifying investment because the qualifying investment serves in part as an objective way to help ensure and validate that the start-up entity’s activities will benefit the United States. See 82 FR 5238, 5251 (PDF) (Jan. 17, 2017).

[^ 14] To identify a critical and emerging technology field, USCIS considers governmental, academic, and other authoritative and instructive sources, and all other evidence submitted by the applicant. One such governmental source is the Critical and Emerging Technologies List Update (PDF) published by the National Science and Technology Council.

Resources

Legal Authorities

8 CFR 212.19 - Parole for entrepreneurs

8 CFR 274a - Control of employment of aliens

82 FR 5238 (PDF) - International Entrepreneur Rule

86 FR 50839 (PDF) - International Entrepreneur Program: Automatic Increase of Investment and Revenue Amount Requirements

INA 212(d)(5), 8 CFR 212.5 - Parole of aliens into the United States

INA 274A - Unlawful employment of aliens

Forms

AR-11, Change of Address

G-1055, Fee Schedule

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

I-765, Application for Employment Authorization

I-90, Application to Replace Permanent Residence Card

I-912, Request for Fee Waiver

I-941, Application for Entrepreneur Parole

Other Materials

Business Structures

Consumer Price Index

How to Use the USCIS Policy Manual Website

International Entrepreneur Parole

Appendices

No appendices available at this time.

Updates

Technical Update - Replacing the Term "Noncitizen"

February 26, 2025

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Supporting Evidence for International Entrepreneur Parole

December 12, 2024

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the types of evidence that may support an application for a discretionary grant of international entrepreneur parole.

Read More
Affected Sections

3 USCIS-PM G.3 - Chapter 3 - Documentation and Evidence

POLICY ALERT - International Entrepreneur Parole

March 10, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address international entrepreneur parole.

Read More
Affected Sections

3 USCIS-PM G - Part G - International Entrepreneur Parole

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

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