Chapter 4 - Adjudication

A. Discretion

USCIS’ authority to grant international entrepreneur parole (IEP) is discretionary and decided on a case-by-case basis. The officer determines, based on the totality of the evidence, whether an applicant’s presence in the United States will provide a significant public benefit and that the applicant otherwise merits a favorable exercise of discretion.

In determining whether an applicant’s presence in the United States will provide a significant public benefit and whether a favorable exercise of discretion is warranted, USCIS considers and weighs all evidence, including any derogatory evidence or information, such as, but not limited to, evidence of criminal activity and national security concerns.^[1]

B. Decision

1. Approvals

If the applicant establishes that the applicant’s presence in the United States will provide a significant public benefit, USCIS may, in its discretion, approve the application for the applicant to be paroled into the United States for a period of up to 30 months. After approval of the application, the applicant may appear at a port of entry to request to be paroled into the United States.^[2] The process after approval of the application is as follows:

Applicants in the United States

If the applicant is currently in the United States when USCIS approves or conditionally approves the application, the applicant must depart the United States before appearing at a U.S. port of entry for a final parole determination by U.S. Customs and Border Protection (CBP). A pending, approved, or conditionally approved application does not authorize the applicant, if they are present in the United States in nonimmigrant status, to remain in the United States beyond the expiration of their authorized period of stay.

USCIS requires the applicant’s biometrics to be collected and on file before approving the application. If the applicant requests to receive their parole documentation at their U.S. mailing address, USCIS sends a biometrics appointment notice. If the applicant requests to receive their parole documentation at a U.S. embassy or consulate, USCIS may make a preliminary decision on the application and issue a conditional approval notice with instructions on how to appear for biometrics submission and identity verification, generally at that U.S. embassy or consulate as part of the process for obtaining travel documentation.

Applicants Outside the United States

For those other than Canadian nationals traveling directly from Canada, if the applicant is outside the United States when USCIS conditionally approves the application, the applicant must visit a U.S. embassy or consulate to obtain travel documentation before appearing at a U.S. port of entry for a final parole determination. USCIS may make a preliminary decision on the application before collecting biometrics and issue a conditional approval notice with instructions on how to appear for biometrics submission and identity verification at the requested U.S. embassy or consulate. The applicant would be subject to U.S. Department of State (DOS) rules pertaining to the process for obtaining travel documentation.

A Canadian national traveling directly from Canada to a U.S. port of entry may present an approved or conditionally approved Application for Entrepreneur Parole (Form I-941) at the U.S. port of entry without first obtaining travel documentation from DOS. However, USCIS still requires the applicant to submit biometrics before parole may be authorized. The conditional approval notice includes options and instructions on how to complete the biometrics requirement in such circumstances.

Grant of Parole

Although advance authorization of parole by USCIS does not guarantee that the applicant will be issued travel documentation by DOS or paroled by CBP upon their appearance at a port of entry, with a grant of advance parole, the applicant is issued a document authorizing travel (in lieu of a visa) indicating that, so long as circumstances do not meaningfully change after USCIS conditionally approves Form I-941, and DHS does not discover material information that was previously unavailable, CBP’s discretion to parole the individual at a port of entry will likely be exercised favorably.

Work Authorization

An entrepreneur who is paroled into the United States is authorized for employment with the start-up entity incident to the conditions of the parole.^[3] It is not necessary for the parolee to apply for an Employment Authorization Document.

2. Denials

If the applicant fails to establish that the applicant’s presence in the United States will provide a significant public benefit and that a favorable exercise of discretion is warranted, the officer denies the application and notifies the applicant in writing of the specific reasons for a denial.^[4] An applicant may not appeal or move to reopen or reconsider a denial of international entrepreneur parole.^[5] However, USCIS may reopen or reconsider a denial on its own motion.^[6]

Footnotes

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

[^ 2] See 8 CFR 212.19(d)(2).

[^ 3] See 8 CFR 212.19(g) and 8 CFR 274a.12(b)(37).

[^ 4] See 8 CFR 103.3(a)(1).

[^ 5] See 8 CFR 212.19(d)(4).

[^ 6] See 8 CFR 103.5(a)(5).