Practice Alert: Errors in Instructions to Form I-941, Application for Entrepreneur Parole

Practice Alert: Errors in Instructions to Form I-941, Application for Entrepreneur Parole

Practice Alert: Errors in Instructions to Form I-941, Application for Entrepreneur Parole

USCIS has acknowledged that there are errors in the instructions to Form I-941 and is working with OMB to make the necessary corrections. Until that time, individuals interested in applying for parole under the IER are instructed to complete the form consistent with the requirements contained in the final rule, published in the Federal Register on January 17, 2017.

AILA members who have clients interested in applying for parole under the International Entrepreneur Rule (IER) should take note that the instructions to Form I-941, Application for Entrepreneur Parole, contain requirements that are different from the requirements contained in the final rule published in January 2017. Specifically:

 

  • 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).

In addition, although spouses and minor children may accompany the entrepreneur by filing Form I-131, Application for Travel Document, it does not appear that a revised Form I-131 has yet been published on the USCIS website.

AILA has raised these issues with USCIS and will report back with updates as they become available.

Source: AILA Doc. No. 17122132.