Founders around the world keep asking the same question: does the United States have a "startup visa" that lets an entrepreneur move here and build a company? The honest answer is that no dedicated startup visa exists in U.S. immigration law. What does exist is the International Entrepreneur Rule (IER) β a mechanism that lets the Department of Homeland Security use its parole authority to allow certain startup founders to remain in the country while they grow their business. In 2026, the program is still on the books, but its status has always depended heavily on which administration is in office.
What the International Entrepreneur Rule (IER) Is
The IER was finalized in 2017. It is not a visa, and it is not a green card. Instead it relies on "parole" β a discretionary authority that lets DHS permit someone to be physically present in the United States without formally admitting them in a visa category. Under the rule, U.S. Citizenship and Immigration Services (USCIS) can grant an eligible entrepreneur an initial period of parole of up to roughly 30 months to launch and scale a startup. A founder who continues to meet the criteria may then apply for a re-parole extension that adds additional time. Because parole is discretionary, an officer weighs whether the individual's presence would provide a significant public benefit β here, the promise of business growth and job creation β before granting it.
A Politically Contested History
The IER has had one of the more turbulent histories of any modern immigration program. It was finalized under one administration, then delayed and formally proposed for rescission under the next, before being kept in place and, at times, actively promoted again. At certain points USCIS encouraged founders to apply; at others the program sat largely dormant and received very few applications. That back-and-forth is the most important thing to understand about the rule: its practical availability has shifted with the political climate more than most immigration pathways do. For that reason, any entrepreneur should confirm the program's current status directly on uscis.gov rather than relying on older coverage. As of 2026, treat the rule as available but verify the latest DHS guidance before building a plan around it β do not assume either a fresh expansion or a new shutdown without checking the source.
Core Eligibility Thresholds
Although the politics move, the core eligibility standards written into the rule have stayed consistent. An applicant generally must show:
- A substantial ownership stake: generally at least 10% ownership in a recently formed U.S. startup at the time of the initial parole request.
- A central and active role: the founder must be well-positioned to help the company grow β not a passive investor.
- Substantial, demonstrated potential for rapid growth and job creation: the heart of the "significant public benefit" the rule is meant to capture.
That growth potential is typically shown in one of three ways: a minimum amount of qualified investment from established U.S. investors with a track record of successful bets; a minimum government award or grant from a federal, state, or local entity that supports economic development or research; or, if a founder only partially meets those benchmarks, alternative reliable evidence that the startup has substantial potential. The exact dollar figures for the investment and grant thresholds are indexed and periodically adjusted, so amounts that applied a few years ago may no longer be current. Confirm the current numbers on uscis.gov before assuming you qualify.
Why Founders Consider It
Because the U.S. has no purpose-built startup visa, entrepreneurs usually weigh IER parole against a handful of other paths. The O-1 visa suits founders with a record of extraordinary achievement. The E-2 Treaty Investor visa can work for nationals of treaty countries who invest in a U.S. business. The EB-2 National Interest Waiver offers a green card route for those whose work has national importance, and the EB-5 Investor Visa provides permanent residence through a larger qualifying investment. IER parole is often attractive precisely because it does not require a treaty relationship and can put a founder on U.S. soil while a longer-term case develops β though it comes with real limits.
Limits and Risks
The biggest limitation is structural: parole is not a visa and does not, by itself, lead to a green card. A founder who wants permanent residence still has to qualify separately through an employment- or family-based category β our Green Card Guide walks through the options. Parole is also discretionary and can be terminated if USCIS decides the individual no longer merits it or the startup no longer meets the criteria. Travel carries risk, because leaving and re-entering on parole is not the same as holding a visa. On the family side, the entrepreneur's spouse may apply for work authorization once paroled into the country, but children are not eligible for a work permit. For many founders, IER parole is best viewed as a runway to build traction while pursuing a more durable status β not as a destination in itself.
International Entrepreneur Parole at a Glance
| Feature | Detail |
|---|---|
| What it is | Discretionary parole under DHS authority β not a visa and not a green card |
| Ownership stake | Generally at least 10% ownership in a recently formed U.S. startup, plus a central and active role |
| Funding evidence | Qualified investment from established U.S. investors, a government award/grant, or alternative reliable evidence (exact amounts are periodically adjusted β confirm on uscis.gov) |
| Duration | Initial period up to roughly 30 months, with a possible re-parole extension if criteria are still met |
| Path to green card | None directly; founders must qualify separately through an employment- or family-based category |
Bottom line: the International Entrepreneur Rule remains one of the few tools a foreign founder can use to build a company on U.S. soil, but it is narrow, discretionary, and politically exposed. Anyone weighing it in 2026 should verify the program's current status and thresholds on uscis.gov and speak with an immigration attorney before filing.
β οΈ Not Legal Advice. This content is provided for general informational purposes only. Immigration laws and procedures change frequently. Consult a licensed U.S. immigration attorney for advice specific to your situation.