1. What Is the International Entrepreneur Rule (IER)?

The International Entrepreneur Rule (IER) was designed to allow foreign entrepreneurs to stay in the United States for up to five years to grow their businesses. The rule provides a temporary visa for entrepreneurs who own and control a startup in the U.S. that has the potential for rapid growth and job creation.

To qualify for the IER, entrepreneurs need to meet specific criteria, including:

• Significant Ownership: The entrepreneur must own at least 10% of the startup.
  
  
  

• Startup Investment: The business must have received significant investment or grants from qualified investors.
  
  
  

• Job Creation Potential: The business should demonstrate the potential to create jobs and have a significant economic impact.
  
  
  

Entrepreneurs who meet these criteria may be eligible for parole status, which allows them to stay in the U.S. temporarily to develop their businesses.

2. Challenges and Uncertainty Surrounding the IER

The IER was introduced with the goal of fostering innovation and encouraging foreign talent to build startups in the U.S. However, it has faced several challenges, leading to uncertainty about its future:

• Regulatory Changes: The Trump administration sought to end the IER, arguing that it was an unnecessary expansion of immigration benefits. While the Biden administration has supported the IER, it has also delayed the final rule and proposed changes, creating an unstable regulatory environment for entrepreneurs relying on this pathway.
  
  
  

• Legal and Political Obstacles: As with many immigration policies, the IER has faced significant opposition in the courts and from political stakeholders. Legal challenges to the rule and its implementation have created delays in its enforcement and further complicated the status of the program.
  
  
  

• Limited Implementation: The rule has seen limited use since its introduction, with many entrepreneurs unsure of its long-term viability. The uncertainty surrounding the rule has deterred some international entrepreneurs from pursuing this pathway, preferring more established visa options.
  
  
  

3. The Future of the International Entrepreneur Rule

The future of the International Entrepreneur Rule remains in question, but there are several potential scenarios to consider:

a. Expansion Under the Biden Administration

While the IER faced challenges under the Trump administration, the Biden administration has shown a willingness to support policies that encourage innovation and entrepreneurship. There is potential for the IER to be expanded or permanently enacted as part of broader immigration reforms aimed at fostering economic growth and job creation.

b. Potential for Legislative Action

As part of broader immigration reform efforts, lawmakers could push for a more permanent solution to support foreign entrepreneurs. A legislative act could provide clearer pathways to work and live in the U.S., not just for entrepreneurs, but for key employees who contribute to the growth of their businesses. This could include updating the IER or creating new visa categories for international entrepreneurs.

c. Regulatory Adjustments

The U.S. Department of Homeland Security (DHS) has the ability to amend the IER through regulatory changes. Future adjustments could provide more clarity on eligibility requirements, make the process more accessible for entrepreneurs, or align the rule with the evolving needs of the startup ecosystem in the U.S. However, such changes will likely require time, legal review, and stakeholder input.

d. Ongoing Legal Challenges

Despite support from the Biden administration, ongoing legal challenges could continue to affect the IER. Court rulings may either uphold the rule or block its implementation, making it difficult for entrepreneurs to rely on this pathway. Entrepreneurs considering the IER should stay informed about legal developments and consult with an immigration lawyer to assess their options.

4. Impact on International Entrepreneurs

The future of the IER could have significant implications for international entrepreneurs looking to start businesses in the U.S. If the rule is expanded or maintained, it will provide an important immigration option for entrepreneurs who might otherwise face challenges in obtaining visas.

• Easier Pathway to Work in the U.S.: For entrepreneurs with innovative business ideas, the IER offers a pathway to live and work in the U.S. without needing to rely on traditional employment-based visa categories like the H-1B visa.
  
  
  

• Boost to Startups: The IER could help attract international talent to the U.S. startup ecosystem, providing a competitive edge to American businesses and fostering job creation and economic growth.
  
  
  

• Legal Uncertainty: Entrepreneurs may face uncertainty if the IER is discontinued or further delayed. Working with an immigration lawyer can help entrepreneurs stay updated on regulatory changes and ensure that they remain in compliance with U.S. immigration laws.
  
  
  

5. How an Immigration Lawyer Can Help Entrepreneurs Navigate the IER

Given the uncertainty surrounding the IER and other immigration policies, it is crucial for international entrepreneurs to work with an experienced immigration lawyer. A skilled lawyer can:

• Provide Guidance on Eligibility: An immigration lawyer can help assess whether a foreign entrepreneur qualifies for the IER based on their business plan, funding, and job creation potential.
  
  
  

• Stay Updated on Legal Changes: Immigration policies and regulations can change quickly. An immigration lawyer can keep entrepreneurs informed of any new developments regarding the IER and help them adjust their strategies accordingly.
  
  
  

• File the Application: Navigating the IER application process can be complex, and an immigration lawyer can ensure that all required documents are submitted correctly and on time.
  
  
  

• Explore Alternative Options: If the IER is not a viable option, an immigration lawyer can help identify alternative visa categories, such as the O-1 Visa for entrepreneurs with extraordinary ability, or the E-2 Visa for investors.
  
  
  

6. Conclusion

The International Entrepreneur Rule (IER) has the potential to be an important pathway for foreign-born entrepreneurs seeking to establish and grow their businesses in the U.S. However, the rule’s future remains uncertain due to regulatory delays, legal challenges, and political opposition. Entrepreneurs interested in the IER should stay informed about potential changes and seek guidance from an immigration lawyer to understand their options. Regardless of the outcome of the IER, there are other immigration options available for international entrepreneurs looking to thrive in the U.S. market.