We are now able to process applications for the Start-up Visa under the final International Entrepreneur Rule published yesterday by USCIS.
The visa allows certain start-up founders to grow their US companies if they show a significant public benefit through rapid business growth and job creation. If they qualify:
- The founders may be granted parole for up to 30 months, with the possibility of another 30 month extension;
- The founders’ spouses may receive work permits enabling them to work for any US employer.
To be considered:
- The applicant must possess a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation;
- The applicant must have a central and active role in the entity such that the applicant is well-positioned to substantially assist with the growth and success of the business;
- The applicant can prove that his or her stay will provide a significant public benefit to the United States based on the applicant’s role as an entrepreneur of the business by:
- Showing the venture has received a significant investment of capital from certain qualified U.S. investors with established records of successful investments;
- Showing that the start-up entity has received significant awards or grants for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state, or local government entities that regularly provide such awards or grants to such entities; or
- Showing that they partially meet either or both of the previous two requirements and providing additional reliable and compelling evidence of the entity’s substantial potential for rapid growth and job creation.
- And, the applicant, spouse, and child independently merit a favorable exercise of discretion.
