Errors in Instructions to Application for Entrepreneur Parole

U.S. Citizenship and Immigration Services has acknowledged that there are errors in the Form I-941 instructions and is working to make the necessary corrections. Applicants are advised to complete the Form I-941 consistent with the regulatory requirements in the International Entrepreneur Final Rule published on Jan. 17, 2017, and as identified on the Form.

American Immigration Lawyers Association (AILA) also released a practice alert that notes the differences between the instructions and the final rule(AILA Doc. No. 17122132).

  • The instructions require a 15% ownership stake in the start-up entity; 10% for extensions and amendments. (The January 2017 final rule only requires 10% ownership for the initial application and 5% ownership for amendments and extensions).
  • The instructions require proof of formation in the last three years. (The January 2017 final rule allows work for entities formed within the last five years).
  • The instructions state that within the last year the applicant must have received an aggregate of $100,000 in government grants or $345,000 from qualified investors. (The January 2017 final rule requires only $250,000 of aggregate funding from qualified investors and gives an 18-month timeframe to aggregate either private or public funds).

AILA also pointed out that there is no revised Form I-131 Application for Travel Document for accompanying spouses and minor children of the entrepreneurs.

Please feel free to contact our office if you have any questions about the International Entrepreneur Rule.