Capital can carry information without buying a government decision. In the International Entrepreneur Rule published January 17, 2017, DHS uses qualified investment as one way to show a startup’s potential for rapid growth and job creation. The agency’s separate question is whether the entrepreneur’s presence would provide significant public benefit and merit discretionary parole. [2017-00481]

The final initial route specifies at least $250,000 from qualified investors during the 18 months immediately preceding filing. An alternative involves at least $100,000 in qualified government awards or grants during that window. Entrepreneur and startup criteria also apply. Partial satisfaction of the funding tests may be paired with other reliable and compelling evidence; this is not a requirement to secure both forms of finance. [2017-00481]

The earlier proposal shows that the time offered to pursue that potential was itself a policy choice. Its August 2016 text contemplated up to two years initially and three more. The final design uses up to 30 months from actual parole and potentially one additional 30-month period. Both retain discretion, so neither the investment nor the maximum possible duration should be priced as a certainty. [2017-00481][2016-20663]

The final issue announced July 17 effectiveness, not immediate availability on January 17. Parole is not admission, a visa or immigration status. For market analysis, the useful separation is between investor evidence, agency judgment and eventual business performance. Proposal and final rule explain the first two within one proceeding; they do not independently demonstrate successful firms, realized jobs or returns to investors. [2017-00481][2016-20663]

Source documents

  1. International Entrepreneur Rulehttps://www.govinfo.gov/content/pkg/FR-2017-01-17/html/2017-00481.htm
  2. International Entrepreneur Rulehttps://www.govinfo.gov/content/pkg/FR-2016-08-31/html/2016-20663.htm