In simple words, it’s for people who wish to make an investment into a serious company or startup in the United States. Those who live overseas will be able to come to the United States with a parole document.
The USDA and the Department of Homeland security just announced this program on May 11th and how it will be implemented. If you’re wondering how to get an entrepreneur visa in the US, you’ve come to the right page – keep on reading.
What kind of companies qualify for this type of investment and parole?
This is for brand new companies that are “startups,” a new company. You will have to register the business first, as well as make make a solid investment and create a business plan. You have to get people on board who are going to make investments along with you, or you can apply for US government grants. Prove that this company will make the US economy better, and that this will make a a substantial benefit to the United States economy. To go through the eligibility, those who wish to qualify for this parole must apply, showing substantial ownership and interest in the company. They need to have invested as a shareholder, a partner, or LLC member. As a reminder, this has to be a startup entity, created no more than five years ago within the United States.
In addition, the business has to show substantial potential for rapid growth, fast growth and job creation. Job creation for American citizens is what decides that this program will stand up to the scrutiny of getting you a parole. You have to also show that you, the investor, have a central and active role in getting this company off the ground, making it work, helping it grow, and continually gaining investment from other sources (not just you).
You must be able to prove that your presence in America is necessary to this company. You have to show it using paperwork documents, your business plan, your resume, your background, and all of your credentials (i.e. what makes you a great investor for this company and why you personally have a need to be in the United States for the business).
This is kind of similar to other investment visas that USCIS has accepted in the past. Like EB1, E2s. The idea of this is the same, but it’s a different way of doing it. It’s not a visa petition, per se. They’re calling it a parole application.
You have to show that the new startup company will have a significant and serious public benefit to the United States based on what you are going to do for this company. You can show that by proving that you have received a significant investment of capital; show that you got money from US investors with a record of other successful investments in their portfolio(s). Not only do you have to be an investor, but you also have to show other US investors that interested in this kind of business, and that they have a good track record.
With other investors in this startup, you have to show that you might be getting grants or other economic development for the company. Show how job creation is going to be done through this new program. You have to show that the two tour requirements of the above are met. You need serious documentation to show that this company has substantial potential for rapid growth and job creation – that it’s going to grow quick and it’s going to create jobs for American citizens. We want jobs. We want to stimulate our economy, and we don’t want to wait a long time. This company has to do this very quickly.
What about my family?
The great thing about this parole is that your spouse and children under 21 can come with you and get work permits to be in the United States. Not only are they coming here legally, but they will also get work permits, so they can work, drive, go to school here, and be completely legal here.
How do I apply for the startup and entrepreneur visa?
First of all, you have to use the new form they created called the I-941 application for entrepreneur parole. That application should be filed with all the evidence that I just mentioned. Everybody’s passports, birth certificates, resumes, business plan, and anything else that has to do with the company needs to be filed together. There’s an address for USCIS on the website, but if you’re going to use FedEx or UPSor DHL, it’s going to go to Louisville, Texas. The I-941 filing fee is $1200 US dollars. In addition, there is an $85 biometrics fee, which is a fingerprint fee. Once your I-941 form is approved, you take that to the US consulate in your country or the nearest country. If your country doesn’t have a consulate because of political reasons, you have to get a special foil, a boarding foil, which is a special packet that they will give you to take with you on the plane.
When you come into the United States, the US border patrol officer will stamp your passport, symbolizing that they accept you, and grant you the parole. Later on, you’ll get a document that says the parole was granted. You can also file together with the I-941 for your spouse and kids a special form I-131 for application for travel document. That has to include proof that they’re your spouse, including your marriage certificate and any prior divorces either of you might’ve had. For the kids, you need their birth certificates, and everybody’s passports. Finally, you need proof that you’re filing with this or already filed that I-941 application.
When you’re approved, you’ll get a special form, I- 512L, which is authorization for parole of alien.
I’m here. Now what?
Finally, once that’s all approved and you come here to America together, they let you in, they stamp your passport, you got your approvals. Then you can apply using form I-765, the application for employment authorization in America. Who may file? All members of your family will be eligible for form I-765 – you’ll mark the category as C-34. That’s the eligibility category before I-765. In addition to that, you need to show that you’re either the employer or an employee of the new company. For example, if the company hires you, let’s say, as director of marketing or something like that, you’ll need to use a special form, called an I-9, to prove your employment eligibility, before the company can spend paying your salary as the employee of the company. This is still new, so we’re starting to submit these for our clients.
This seems relevant to me. Should I apply? What are the requirements for the US entrepreneurship visa?
You may be eligible to apply, if:
– You live overseas or you live in another country and are interested in making a major investment in the United States.
– You founded or have invested in a serious startup in the United States that will create jobs, benefit the US economy, and has potential to grow quickly.
We think you’ll have a great chance of coming here legally. You will get paroled and you will have a chance to live here with your family. Your kids can go to school here, work legally, while you develop your business, which is of course, the whole reason for getting this. Give us a call to find out more and to start your international entrepreneur parole. We specialize in cases like these, and can help guide you with instructions for filling out your I-765 and I-941 forms.
We are here for you and happy to help. Whatever type of immigration situation you need support with, give us a call.
Shepelsky Law Group
Tel: (718) 769-6352